Parker

Parker v. City of Los Angeles

Good Law
118 Cal. Rptr. 687·1974 Cal. App. LEXIS 757·44 Cal. App. 3d 556
Court of Appeal of CaliforniaDecember 18, 1974Civ. 43765California3,794 words

Opinion

Opinion

Cobey, J.

Defendant, City of Los Angeles, appeals from a judgment, filed March 8, 1973, awarding to the owners of certain residential properties the sum of $224,370.77 in damages in inverse condemnation. The city also appeals from a minute order of March 27, 1973 denying its motion to strike plaintiffs’ cost bill and to tax costs. Both appeals lie. (Code Civ. Proc., § 904.1, subds. (a), (b).)

The award under appeal consists of $160,301 in principal amount and $64,109.37 in interest. To this the trial court has added costs of $79,875.76 composed primarily of attorneys’ fees in the amount of $74,646.76 and appraisal fees of $4,775. The gross award is $304,286.13.

This sum is in payment for an avigation easement over, near and around the various properties of plaintiffs, and is in payment as well for the diminution in the fair market values of their properties by reason of the noise and vibration from jet aircraft using the north runway complex of the Los Angeles International Airport.

The city generally contends that the trial court abused its discretion in denying the city’s motion for judgment pursuant to Code of Civil Procedure, section 631.8; that plaintiffs’ expert evidence…

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