Unger

City of Hayward v. Unger

Good Law
15 Cal. Rptr. 301·194 Cal. App. 2d 516·1961 Cal. App. LEXIS 1842
Court of Appeal of CaliforniaAugust 3, 1961Civ. 19658California754 words

Opinion

Opinion

Draper, J.

Defendant lessee appeals from judgment in this eminent domain proceeding, which was tried to the court sitting without a jury.

Plaintiff city proposed to widen “A” Street for but one block. Appellant is the lessee of a store building on the north side of this street. Immediately adjoining the leasehold, on the west, is the corner lot, occupied by a department store. For what it describes as “economic reasons’’ the city decided not to take as much of this corner property as of the remainder of the block. The result is that the building occupied by appellant was moved back so that its front line is set back 3 feet farther than that of the building immediately to the west. The resulting adverse effect upon visibility of appellant’s building and of a sign formerly projecting beyond it are the items of claimed damage here in dispute. The owner of the building settled its claim for the property actually taken by the city, but a stipulation reserved to appellant its claim for severance damages, if any, to the leasehold. Only this issue was tried.

The trial court found that severance damages were suffered, but that the improvement benefitted the leasehold by an amount exceeding such…

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