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CITY OF SAN DIEGO v. BARRATT AMERICAN INC.

No. D044079.

27 Cal.Rptr.3d 527 (2005)

128 Cal.App.4th 917

CITY OF SAN DIEGO, Plaintiff and Appellant, v. BARRATT AMERICAN INCORPORATED et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division 1.

Rehearing Denied May 17, 2005.

Review Denied August 10, 2005.

Attorney(s) appearing for the Case

Meyers, Nave, Riback, Silver & Wilson, David W. Skinner, Robert C. Chojnacki, Oakland; Casey Gwinn, City Attorney, Leslie A. Fitzgerald and Claudia G. Silva, Deputy City Attorneys, for Plaintiff and Appellant.

Rutan & Tucker, Jeffrey M. Oderman, Douglas J. Dennington, Costa Mesa; Luce, Forward, Hamilton & Scripps and Steven S. Wall, San Diego, for Defendants and Respondents.

McDONALD, J.

In this eminent domain action plaintiff the City of San Diego (City) condemned 5.04 acres of real property (the taken property) within the North City Future Urbanizing Area (NCFUA) to construct the middle segment of the State Route 56 freeway (the Project), an eastwest freeway that traverses the NCFUA. The taken property was part of a 38.47-acre parcel of property owned by defendants Barratt American Incorporated and others (Owners). The central issue...

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