Japanese Village, LLC v. Los Angeles County MTA CA
Defendant Japanese Village, LLC appeals from a judgment following a jury trial. Plaintiff the Los Angeles County Metropolitan Transportation Authority filed an eminent domain action against defendant under Code of Civil Procedure section 1230.010 et seq. for the taking of easements on defendant’s property. The parties proceeded to trial and the jury awarded defendant a fair market value of $622,000 for the easements taken plus severance damages in the amount of $5,013,500, for a total of $5,635,500.
Defendant contends that plaintiff’s expert should not have been permitted to testify that the highest and best use of the property (after the taking) was the construction of a mixed-use seven-story structure because no one had obtained a discretionary permit for such a development.
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