People Ex Rel. Department of Public Works v. Graziadio

This is an appeal from a judgment in condemnation for the value of property taken for highway purposes, and a denial of severance damages. Defendant was the owner of 9.503 acres in the City of Fullerton, of which plaintiff took 5.614 acres for highway purposes. For some time prior to the taking the entire property had been zoned “R-l” although all but the westerly 1.23 acres had been marked as potential “C-l.”

Appellant submitted a “precise plan” for the development of the property and requested a change in zoning to C-l. The prospects for such zoning appeared favorable as the area had become…