Nyrin

People Ex Rel. Department of Public Works v. Nyrin

Good Law
1967 Cal. App. LEXIS 1854·256 Cal. App. 2d 288·63 Cal. Rptr. 905
Court of Appeal of CaliforniaNovember 22, 1967Civ. 29864California3,891 words

Opinion

Opinion

Moss, J.

J.—The People appeal from a judgment in condemnation awarding the sum of $183,000 for property taken from defendants for freeway purposes. The jury awarded $63,000 for the property taken and $120,000 for severance damages. Only the award of severance damages is in controversy on this appeal.

Appellant sought to condemn lots 18, 19 and 20 of Tract 14798, which were referred to in the complaint and are referred to in this opinion as Parcel 7. Parcel 7 was part of an entire block consisting of lots 15 through 28. Lots 15, 16 and 17 were occupied by the Bradford Medical Building and on May 4, 1962, were owned in fee by Dolores D. Kaye, one of the defendants and respondents herein. On May 4, 1962, appellant purchased the Bradford Medical Building for the same freeway for which this action was brought. Summons in this action was issued on August 17, 1962 (hereinafter referred to as the “date of condition’’). On that date lots 18 through 28 were owned in fee by respondents Nyrin and U.L.C. Corporation. Lots 25 through 28 and a portion of lot 24 were occupied by the Bella Vista Community Hospital. The lots between the hospital and the medical building, lots 18 through 23 and a portion of…

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