Defendant city sought review of an inverse condemnation judgment from the Superior Court of San Diego County.

 Procedural Posture 


Litigant city looked for survey of a converse judgment from the Superior Court of San Diego County (California), which granted harms to offended party land owner. The proprietor cross-claimed the fractional award of the city's movement for new preliminary on a reason for activity for break of agreement. 

Superior Court of San Diego County


Outline 


The proprietor affirmed that the city's declarations of air terminal development designs, some of which showed potential arrangements of the air terminal that would put runways straightforwardly through the proprietor's business park, significantly meddled with deals of property inside the business park and lessened the worth of the property. The proprietor additionally claimed that a redirection of truck traffic, which caused regular gridlock on close by roads, hampered admittance to the business leave. The court held that the proof was deficient as an issue of law to help a finding of converse judgment as to the two speculations. The proprietor didn't show that the city's declarations concerning the proposed air terminal exposed the proprietor to immediate and extraordinary injury; rather, business lawyer the proof set up that proprietors of other business and mechanical parks in the space were influenced in the same manners. The traffic issues didn't add up to a significant weakness of the right of access on the grounds that there was a sensible methods for entrance and departure consistently, albeit meandering and moderate. Another preliminary was appropriate on the grounds that an earlier request supporting a protest was adequately firm for motivations behind issue prevention. 


Result 


The court turned around the decisions on the reverse judgment claims in regards to the air terminal and the truck traffic, guided the preliminary court to enter judgment for the city on those cases, and avowed the request that conceded the city's movement for another preliminary on the case of penetrate of agreement.

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