City of Fontana v. Riebens
BB&K Eminent Domain litigators Jim Touchstone and Adam Towers obtained a favorable verdict on behalf of the firm’s client, the City of Fontana, in San Bernardino County Superior Court.The bifurcated eminent domain trial involved litigation of various issues. In the bench phase of the two-week trial, the Court heard evidence on issues including precondemnation damages, the City’s right to take a portion of the Riebens’ property pursuant to its eminent domain power and the issue of whether a portion of the property taken was subject to dedication requirements. The BB&K team was successful in obtaining favorable rulings from the Court on each of these issues. These rulings resulted in a verdict for the City on the Riebens’ inverse condemnation cross-complaint.
During the second phase of the trial, the BB&K team convinced the jury that the property taken by the City should be valued conservatively, based upon the opinion of the City’s valuation expert. As a result, the eminent domain judgment was substantially less than the sum that the City had offered to settle the case for prior to trial.
Case No. SCVSS096376
December 2, 2004
