Port San Luis Harbor District v. Port San Luis Transportation Co.

In this condemnation action, after a verdict was returned awarding defendant $707,780 as compensation and damages, the plaintiff abandoned the proceeding and, upon its motion, judgment of dismissal was entered.

Defendant filed its memorandum of costs and disbursements in the amount of $153,565.43, which included $125,-000 as attorneys’ fees.

After a hearing upon plaintiff’s motion to tax costs, an order was made awarding costs and disbursements as stated in i** memorandum, and amending the judgment of dis missal to include such award.

Plaintiff appeals from that order and the portion of the judgment of dismissal awarding such amount as costs and disbursements.

Plaintiff is a harbor district in the Avila area of San Luis Obispo County. It has the power to exercise the right of eminent domain in the same manner as a municipal corporation. (Harb. & Nav. Code, § 6076.) It sought to condemn, for harbor facilities, approximately 23 acres of defendant’s land which is beach or bay frontage extending about 1½ miles in length.

Section 1255a of the Code of Civil Procedure provides, in part, that if a plaintiff abandons a condemnation proceeding, “a judgment shall be entered dismissing…