County of Contra Costa v. Pinole Point Properties, Inc.

This appeal arises from an action in eminent domain brought by the County of Contra Costa (County) to condemn, for use in constructing a new county jail, 51 acres of property located in North Richmond. The property itself was owned by Pinole Point Properties, Inc. (Pinole Point), while mineral and hydrocarbon rights on the property were owned by Bethlehem Steel Corporation (Bethlehem). On trial to determine the amount of just compensation the County would pay, a jury awarded Pinole Point $6,381,050 and Bethlehem $200,000. Pinole Point now appeals from the ensuing judgment claiming (1) its ability to impeach a critical witness was improperly restricted, (2) opposing counsel committed misconduct during final argument, (3) the court instructed the jury improperly, and (4) certain evidence was erroneously admitted at trial. County also appeals, claiming the trial court erred when it awarded Bethlehem its litigation expenses. We conclude Pinole Point’s arguments are either unpersuasive or not prejudicial and will affirm that portion of the judgment in every respect. However, County’s arguments are well taken; and therefore, we will reverse the award of expenses.

I. Factual…