Shewmake

City of Fresno v. Shewmake

Good Law
129 Cal. App. 3d 907·181 Cal. Rptr. 451·1982 Cal. App. LEXIS 1381
Court of Appeal of CaliforniaMarch 19, 1982Civ. 53035California2,021 words

Opinion

Opinion

Scott, J.

This appeal is from a judgment entered in an eminent domain action brought by appellant, the City of Fresno, to acquire several parcels of real property, each improved with a single family residence, in the vicinity of the Fresno Air Terminal. In addition to determining the fair market value of each of the five parcels at issue, the jury awarded the five homeowners damages because of unreasonable precondemnation delay by the city. (See Klopping v. City of Whittier (1972) 8 Cal.3d 39 [ 104 Cal.Rptr. 1 , 500 P.2d 1345 ].) The trial court also awarded three of the homeowners litigation costs, including attorney’s fees. (Code Civ. Proc., § 1250.410.) The city appeals only from the awards of Klopping damages and litigation costs.

Facts

In 1972 the City of Fresno contracted with a consultant for a 20-year master plan of its airport, the Fresno Air Terminal. In July 1973, the city tentatively adopted the consultant’s report, which included a recommendation that it acquire 88 homes in Sierra Village, a subdivision northwest of the terminal; the homes of respondents Johnston, Jones, Ewing, Gordon, and Dhuyvetter were among those designated for acquisition. On that date, the city…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.