Bressi

The County of San Diego (County) filed this eminent domain action against Mary E. Bressi to acquire avigation easements off the east end of Palomar Airport in Carlsbad, California. The jury awarded Bressi $52,158 to compensate her for the value of the easements plus $27,500 in severance damages. The court granted Bressi’s new trial motion on grounds the jury award was inadequate, the verdict was not supported by the evidence, and the court erred in admitting evidence of nonbinding promises and plans of the County of San Diego.

The County appeals from the new trial order asserting there is no factual or legal basis for the court’s findings. Bressi cross-appeals from the judgment and from the new trial order to the extent the order permits the County to introduce evidence on retrial of “what will be the likely future development of the airport.” We first review the County’s appeal and decide there is sufficient evidence to support the court’s ruling. We then examine the evidentiary questions in Bressi’s cross-appeal and conclude the County may not introduce evidence which in any way limits the scope of the taking as defined by the County in the resolution of necessity. We…