Cramer

On May 3, 1967, plaintiff filed a complaint in eminent domain seeking to condemn for freeway purposes certain properties owned by defendants. The pretrial conference order filed on December 22, 1967, provided that certain issues of law were to be tried by the court sitting without a jury. Following trial, the court on August 6, 1968, made the following order:

"1. Interstate 880 and interstate 80 are two separate projects.

"2. The defendants herein are entitled to any enhancement in value of their property which results from it's [ sic ] proximity to interstate 880." [1]

Thereafter, a stipulation was entered into by the parties. Pursuant to this stipulation the parties agreed, giving effect to the foregoing court order, that the fair market value of the property being condemned was $95,000. The stipulation also provided that if the case had been tried before a jury, plaintiff would have made an offer of proof that, but for the court order, the fair market value of the property would be $25,928. The stipulation preserved the right of appeal to the parties.

Judgment in condemnation was entered pursuant to stipulation. The plaintiff appeals.

A resolution…