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STATE OF CALIFORNIA v. MEYER

Docket No. B005540.

174 Cal.App.3d 1061 (1985)

220 Cal. Rptr. 884

THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. VELMA MEYER, Individually and as Executrix, etc., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Six.

November 25, 1985.

Attorney(s) appearing for the Case

COUNSEL

Fadem, Berger & Norton and M. Reed Hunter for Defendants and Appellants.

John K. Van de Kamp, Attorney General, Marvin Goldsmith, Assistant Attorney General, Robert H. Francis and Mark A. Weinstein, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STONE, P.J.

May a landowner, defendant in eminent domain proceedings, properly allege "delay damages" for the first time in a memorandum of costs after the public entity condemner has filed an abandonment of the eminent domain action? He may not. (1) (See fn. 1.) Appellants landowners appeal from an order taxing costs made after judgment of dismissal upon the state's abandonment of eminent domain proceedings....

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