Legal Opinion

City of San Diego v. Rancho Penasquitos Partnership

California Court of Appeal

Decided March 3, 2003No. D038316PublishedCited by 11 opinions

1Opinion of the Court

Opinion

NARES, J.

In this eminent domain action the plaintiff City of San Diego (the City) condemned 10.94 acres of real property, part of a 108.75-acre parcel of property zoned for agricultural use that was owned by the defendants Rancho Penasquitos Partnership, Ting Fang Lin, Yu Chun Huang, Cindy C. Kasai and Pai Ho Wey (collectively RPP). The City took RPP’s property for the State Route 56 freeway (SR-56) project. The City asserted at jury trial that because it had a zoning restriction in place prohibiting higher density development of properties such as RPP’s that were in the potential path…

2Cases cited21 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. Bullis v. Security Pacific National BankCalifornia Supreme Court · 1978
  3. Merced Irrigation District v. WoolstenhulmeCalifornia Supreme Court · 1971
  4. Los Angeles County Metropolitan Transportation Authority v. Continental Development Corp.California Supreme Court · 1997
  5. Board of Com'rs of State Inst. v. TALLAHASSEE B. & T. CO.District Court of Appeal of Florida · 1958

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3Cited by11 opinions

  1. City of San Diego v. D.R. Horton San Diego Holding Co.California Court of Appeal · 2005
  2. Kington v. FongCalifornia Court of Appeal · 2011
  3. City of Perris v. StamperCalifornia Supreme Court · 2016
  4. Metropolitan Water District v. Campus Crusade for Christ, Inc.California Supreme Court · 2007
  5. City of San Diego v. BARRATT AMERICAN INC.California Court of Appeal · 2005

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