Bosio

This is the latest installment in the litigation arising out of the state’s attempt to construct a multi-lane freeway near the City of Lompoc. 1 After a series of suits, resulting in a judgment enjoining the construction of the freeway, the state abandoned the condemnation action (except for a small part not herein involved) and the court proceeded to determine defendants’ damages under former section 1255a of the Code of Civil Procedure. The trial resulted in a “Judgment” dismissing the eminent domain proceeding, awarding defendants approximately $45,000 as damages and costs under that section, denying defendants recovery for certain other damages, and reserving jurisdiction for one year on defendants’ claim for alleged damages for future down-zoning of their property.

*523 Defendants, in addition to the elements involved in their cross-appeal herein, had sought damages under Code of Civil Procedure section 1255a, subdivision (d) for what they contend is a threatened “down-zoning” of part of the property not involved in the condemnation action. The court refused to include an award of damages on that claim in its judgment, on grounds it was too speculative. As to that…