Picard
Picard v. Bay Area Regional Transit District
Opinion
Opinion
Caulfield, J.
ORDER
INTRODUCTION
Roger Picard, Thalia Picard, and Ted Bolls (plaintiffs) move for remand of this action to state court and for an award of attorney’s fees incurred in bringing this motion. For the reasons set forth below, plaintiffs’ motion and request are DENIED.
BACKGROUND
Plaintiffs own property in Alameda County situated between Paseo Padre Parkway and Washington Boulevard, and between the Southern Pacific and the Union Pacific Railroads. Defendant, Bay Area Rapid Transit District (“BART”), is a governmental agency having the power of eminent domain. On November 3, 1992, plaintiffs brought an action for damages against defendant in California Superior Court, County of Alameda, Southern Division, Case No. H-165436-7.
In or about May, 1962, BART began approving studies and plans showing-extensions to its system that would require acquisition of plaintiffs’ property. BART has continued to approve such studies .and plans over the last thirty years. The most recent study confirming the alignment of the extension through plaintiffs’ property is a final environmental impact report BART certified and adopted no earlier than 1991. Within the last five years, BART has repeatedly…