San Jose Parking, Inc. v. Superior Court

Opinion

RUSHING, P.J.

In its petition for a writ of mandate, San Jose Parking, Inc. (SJP) asks us to direct the trial court to vacate its order finding that Redevelopment Agency of San Jose (Agency) has the right to condemn SJP’s interest in the Fountain Alley parking lot. Because we conclude that SJP does not have a real property interest in the Fountain Alley parking lot, we will grant the request for writ relief.

FACTS AND PROCEDURAL BACKGROUND

Agency owns real property in downtown San Jose, commonly known as the Fountain Alley parking lot.

In 1997, SJP and Agency entered into an agreement…