CITY OF FREMONT V. FISHER
Trial court erred in allowing property owners' expert to testify as to severance damages in eminent domain case despite owners' failure to establish that the temporary construction easement that was the subject of the action interfered with or injured their actual intended use of their property. Where award of litigation expenses was based in part on huge variance between settlement offer and damages award, and a major portion of the damages award was the product of erroneously admitted testimony, award of litigation expenses had to be reconsidered on remand.
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