Orange County Flood Control District v. Sunny Crest Dairy, Inc.

Opinion

TAMURA, J.

The Orange County Flood Control District (district) appeals from a judgment in condemnation and an order awarding attorneys’ fees.

The main issue in this appeal is whether the trial court erred in permitting the condemnee to pursue the theory that the highest and best use of the property in the before condition was a nonconforming use as of the date the eminent domain proceeding was filed rather than a permitted use on the date of value. The factual setting out of which this and other related issues arise is as follows:

The Eminent Domain Proceeding:

The district filed an action…