City of San Diego v. Neumann

*758MOSK, J.—

I

I dissent.

The majority engage in hand-to-hand combat with California case law on severance damages, and by assiduously distinguishing cases on their facts, dismissing language as unfortunately broad, and questioning whether earlier opinions really meant what they said, arrive at the doubtful conclusion that the rule they adopt is not precluded by precedent. Startling by its absence is reference to any California authority that actually supports the rule adopted by the majority, that is, that mere potential future unity of use may be the basis for a claim of severance damages.

My own…