Mesdaq

In an exercise of its power of eminent domain, the Redevelopment Agency of the City of San Diego (the Agency) filed proceedings in the superior court to obtain possession of Ahmad Mesdaq’s property (a cigar store and coffee shop) and made available to him $3,091,000 as “probable compensation.” Mesdaq challenged the Agency’s authority to take his property, leading to a series of three trials, two before the trial court and one before a jury. At the conclusion of these proceedings, Mesdaq’s objections to the taking of his property were overruled, and he was awarded compensation in the amount of $7,785,131.83.

Both Mesdaq and the Agency appeal. The Agency contends that the compensation award must be reversed because it is based on (1) an erroneous valuation date; (2) speculative expert testimony as to lost business goodwill; and (3) an improper award of damages based on the Agency’s issuance of an environmental remediation notice under the Polanco Redevelopment Act (Health & Saf. Code, § 33459 et seq. (Polanco Act)). In addition, the Agency contends that the trial court erred in awarding Mesdaq $1,230,714.41 in litigation expenses under Code of Civil Procedure section…