El Monte Union High Sch. Dist. of L.A. Cty. v. Consumers Holding Co.

In this eminent domain proceeding the jury placed a valuation of $236,250 on the subject property, some 15 acres of land and several old residential buildings, although the owner’s expert witness testified to a market value of more than twice such sum. Defendant owner has appealed, contending that this unusual disparity resulted from the trial court’s ruling unduly restricting the cross-examination of respondent’s expert witness concerning comparable sales relied on by him in making an earlier appraisal, which was prejudicial error.

At the time of trial (June of 1965) the property in suit was located in unincorporated territory adjacent to and westerly of the San Gabriel River—specifically, west of and about 500 feet south of the city limits of the City of Industry and easterly of the City of El Monte to which, it is represented, it was annexed in June of 1966. Since there was a reasonable probability of a zone change allowing industrial use of the property, each expert (one for each side) testified that a light industrial use of the property would be most profitable and therefore constitute its “highest and best use.” Additionally, each expert testified to the particulars…