Condemnation & Eminent Domain Cases
Thorsnes Bartolotta McGuire’s has a long and distinguished track record handling condemnation, eminent domain and inverse condemnation cases.
ATTENTION PROPERTY OWNERS IN
ALPINE, PINE VALLEY AND SANTA ISABEL
If you have received a notice of Eminent Domain from SDG&E regarding power line expansion or right of way, you are running out of time to protect your legal rights, call us for a free consultation at 800-577-2922 .
Our team of condemnation attorneys are second to none, having received some of the largest condemnation verdicts and settlements in California and San Diego history.
Below are our more interesting cases. If you cannot find a case similar to yours, please call us as this list only represents a few of the condemnation, eminent domain and inverse condemnation cases we have handled.
This complex case handled by partner Mickey McGuire was an inverse condemnation action with elements of land subsidence involving an improperly maintained storm drain system in a La Jolla Canyon that threatened the homeowners living in on and in the area of Alta La Jolla Drive. In a La Jolla neighborhood near Soledad Mountain Road, the City of San Diego created and operated a storm drainage system that incorporated property owned by Plaintiff. The operation of this storm drainage system by the City over several years created a massive ravine across Plaintiff’s property, threatening citizens, homes, and Alta La Jolla Drive, a public road. The homeowners brought an inverse condemnation action against the City to force repairs and prevent a landslide. After the verdict a settlement of $4,500,000.00 plus over $5,000,000.00 in repairs was reached for damage caused by the operation of its storm drain system.
The People of the State of California acting by and through the Department of Transportation v. Francisco Javier Briseno
A $195,000.00 jury verdict in a Chula Vista eminent domain case. The CalTrans offer was originally only $33,600.00.
Caltrans contended that the Andersons had never intended to develop the property and that the property was, at best, valued as a speculative investment that would probably always be open space. According to Caltrans “just compensation” for the property was $172,000. The jury disagreed and awarded our clients over $26.5 million.
County of San Diego v. RanchoVista Del Mar (De La Fuente)
A $55,000,000.00 verdict at the first trial which was the largest condemnation verdict in the history of the state at that time. Ordered on appeal for retrial, the case eventually settled for $40,000,000.00.
A breach of contract and inverse condemnation action against the city of San Diego resulting in a $94,500,000.00 jury verdict. Post verdict the judge granted fees and interest bringing the result for our client to above $136,000,000.00
Redevelopment Agency of the City of San Diego v. Ahmad Mesdaq (SDSC Case No. GIC 829293)(condemnation), consolidated with Ahmad Mesdaq v. Centre City Development Corporation (SDSC Case No. 828361)(inverse condemnation)
A $7,785,131.83 jury verdict for an inverse condemnation case involving an Afghan refugee who owned the Gran Havana Cigar Company in the Gas Lamp district of San Diego. After a rags-to-riches success story following Ahmad Mesdaq’s family’s fleeing Afghanistan in the 1980’s, the City of San Diego at the behest of developers condemned his business. A complicated case involving consolidated actions, the City actually allowed the developers to pay for the attorneys used to enforce the condemnation action. A fascinating and relevant case that illustrates just how far local government will go to pacify big money developers in the light of the recent Kelo v. New London Supreme Court ruling.
North San Diego Transit Development Board v. Bivin, et al. and related cases: North San Diego Transit Development Board v. Pribil; North San Diego Transit Development Board v. Buffone; and North San Diego Transit Development Board v. Cline
A $1,187,250.00 eminent domain settlement on behalf of 26 San Marcos area homeowners. The Walnut Hills area of San Marcos is a rustic community with a country lifestyle. The North County Transit District wanted to expand rail service in the area, running a diesel train past their homes every six minutes and offered them an insulting total of $34,000.00 for ruining their rustic way of life.
People of the State of California v. Grigory Zubkis and Rimma Zubkis, et al.
$2,750,000.00 plus interest totalling $2,790,711.00 settlement for an eminent domain case involving the taking of a private residence for road expansion. Lead attorney partner Daral Mazzarella.
Mary Lynn and Warren Reichelt v. California Department of Transportation
An $89,000.00 price differential settlement on a writ of mandamus action resolving an issue where our client was relocated to an inferior neighborhood by CalTrans. Lead attorney partner Vincent J. Bartolotta with associate Karen Frostrom.
Nastich v. City of Escondido
An inverse condemnation case involving a road expansion that caused flooding and toxic mold contamination, The case eventually settled for $525,000. Lead attorney was Vincent J. Bartolotta, Jr with senior associate Karen R. Frostrom.
People of the State Of California v. Metropolitan Properties Trust, et al, San Diego Superior Court Case No. Gic 862021
A condemnation case against CalTrans involving just compensation and damages to property that diminished its fair market value. Lead attorney Vincent J. Bartolotta, Jr with senior associate Karen R. Frostrom.