United States v. 2.739 Acres of Land

MEMORANDUM

This is a matter in which Appellants contest the valuation of land being condemned by Appellee. The issues on appeal involve the district court judge’s rulings on the admissibility of certain testimony and appropriateness of two proposed jury instructions.

1.The district court did not abuse its discretion in admitting the testimony of Philip Aries, a real estate broker but not an appraiser, as to the value of the subject property. Holy Cross’ own real estate broker, Gabriel Gastelum, also testified as to the value of the property, and Aries’ testimony was elicited as a response. Any issues with respect to Aries’ qualifications thus apply to both parties’ experts. See United States v. 4.85 Acres of Land, 546 F.3d 613, 617 (9th Cir.2008) (requiring prejudice to reverse evidentiary rulings).

Judicial estoppel does not apply. The government’s opposition brief promised that Aries would not testify as to the “value of the subject property in the before and after condition,” and at the motion in limine hearing, the 'government promised that “Aries will not testify as to an ultimate opinion of value. He’s not going to say that the property is worth a dollar a square foot or…