Cushman

San Diego Metro. Transit Dev. Bd. v. Cushman

Good Law
1997 Cal. App. LEXIS 215·53 Cal. App. 2d 918·53 Cal. App. 4th 918·62 Cal. Rptr. 2d 121·97 Daily Journal DAR 3949
Court of Appeal of CaliforniaMarch 25, 1997D023829California4,502 words

Opinion

Opinion

Haller, J.

In this eminent domain action, San Diego Metropolitan Transit Development Board (SMTDB) acquired a portion of a commercial parcel owned by Stephen P. Cushman, Stephen P. Cushman, Trustee, and Lawrence M. Cushman (collectively Cushman) for construction and operation of the Santee Light Rail Trolley Extension. At trial, the sole issue was the amount of severance damages, if any, owed to Cushman; the parties had settled the other components of just compensation as well as all other issues before trial. The jury awarded $322,217 in severance damages. SMTDB appeals from the judgment, contending Cushman’s expert presented improper valuation evidence. Cushman cross-appeals, contending the trial court erred in denying its motion for litigation expenses.

Factual and Procedural Background

Cushman owned a five-acre parcel, which was improved with a thirty-three thousand and two-hundred square-foot structure. The parcel is located on the northeast comer of the intersection of Marshall Avenue and Fletcher Parkway in El Cajon.

The Cushman property is zoned commercial, which requires one parking space for every one hundred square feet of restaurant space and one parking space for…

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