MTBD

Handlery Hotel, Inc., appeals a judgment pursuant to Code of

Civil Procedure section 631.8 in favor of San Diego Metropolitan Transit Development Board (MTDB) in a condemnation proceeding where the trial court held Handlery was not entitled to compensation for its claims for loss of its business of operating the now defunct Stardust Golf Course and for loss of goodwill, both allegedly the result of unreasonable precondemnation conduct by MTDB that caused the landowners not to renew on a long-term basis Handlery’s lease of the 200-acre course parcel. Handlery presents multiple challenges to the trial court’s decision. However, as we shall explain, we conclude the trial court correctly ruled no de facto or inverse taking of Handlery’s golf course business occurred, because it had no compensable property interest that was interfered with or taken and MTDB’s precondemnation conduct was not unreasonable. Further, under the codified Eminent Domain Law (§ 1263.510), Handlery is not entitled to recover lost business goodwill. Accordingly, we affirm the judgment.

Factual and Procedural Background

The Handlery Hotel in San Diego is a 217-room facility, with a swim and tennis…