Waller

City of Los Angeles v. Waller

Good Law
154 Cal. Rptr. 12·1979 Cal. App. LEXIS 1524·90 Cal. App. 3d 766
Court of Appeal of CaliforniaMarch 21, 1979Docket Nos. 51526, 51527California4,573 words

Opinion

Opinion

Jefferson, J.

Plaintiff City of Los Angeles brought an action for condemnation against defendants Robert A. and Judy T. Waller, Edward W. and Irene M. Gibb, David E. and Bernice Bradley, Lew E. and Joanne Coppersmith, Hilja M. Smythe, and Robert P. and Jean L. Andrews. The defendants brought an action for inverse condemnation against the City of Los Angeles. The cases were consolidated for trial, as both concerned the subject property, consisting of approximately 35 acres located in Palmdale, California, near the airport.

A bifurcated trial was held. The legal issues were tried first before the court, and resulted in findings of fact and conclusions of law. Subsequently there was an exchange of final offers and demands pursuant to Code of Civil Procedure section 1249.3. Trial by jury on the issues of fair market value and damages followed.

The jury arrived at various verdicts, awarding the Andrews defendants $47,700 for their parcel of about five acres, but no amount for so-called “delay damages”; the remaining owner defendants (the Waller group) were awarded $333,600 for their parcel A, but no amount for “delay damages” and $6,000 for parcel B. Judgment was entered…

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