Sweetin

This dispute in these consolidated appeals involves (1) valuation of property taken in eminent domain for a highway interchange project, and (2) litigation costs. Plaintiff City of Ripon (City) valued the property at $190,000, with light industrial use being the “highest and best use” of the property. The property owners, defendants Marshall C. Sweetin and Billie A. Sweetin, asserted the value was $356,000, based on “highway commercial” use being the “highest and best” use to which the property was reasonably adaptable. Over the City’s objection, the trial court allowed defendants to introduce evidence before the jury of the City’s allegedly unreasonable precondemnation conduct to support the defense theory that but for the project, defendants’ property would have access to public utility services which would have made highway commercial use of the property economically feasible. The jury returned a verdict adopting the defense valuation of $356,000. Judgment was entered, and the trial court awarded litigation costs to defendants under Code of Civil Procedure section 1250.410.

In case No. C036592, the City appeals from the judgment, arguing the trial court’s refusal to…