Yamagiwa

Yamagiwa v. City of Half Moon Bay

Good Law

523 F. Supp. 2d 1036·2007 WL 4276385·2007 U.S. Dist. LEXIS 96187

United States District Court, Northern District of CaliforniaNovember 28, 2007C 05-4149 VRWCalifornia39,915 words

Opinion

Walker, J.

FINDINGS OF FACT CONCLUSIONS OF LAW

Joyce Yamagiwa (“Yamagiwa”), brought this action alleging that defendant City of Half Moon Bay (“City”) damaged certain real property that she holds in trust. Doc. # 1-2. The property, known as the Beachwood Property, is located in the City of Half Moon Bay at Assessor’s Parcel No. 048-280-020. Id. Yamagiwa brought a federal claim for inverse condemnation and pendent state claims for inverse condemnation, nuisance, trespass and recovery of amounts paid to finance public improvements. Id.

This case was tried before the court without a jury on June 6, 7 and July 2, 3, 5, 6, 9, 11 and 12. Doc. ## 173-175, 177, 179, 181, 186-188. The court heard testimony from 22 witnesses, including seven expert witnesses, and received into evidence nearly 300 exhibits. The court now makes its findings of fact and conclusions of law:

FINDINGS OF FACT

The Beachwood Property

1. This case involves a 24.7-acre undeveloped parcel of property located in the City of Half Moon Bay, known as Beach-wood (“Beachwood,” or “the Property”). (Ex. 556.) Both sides agree that there are substantial wetlands on the Property. The principle disputed issue is what caused the…

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