$91 million inverse condemnation award thrown out; court says SD's airport proposal, traffic didn't damage property rights; Legaldigest

One of the largest takings awards in California history has been thrown out by a state appellate court, which ruled that preliminary airport planning and traffic circulation changes by the City of San Diego did not amount to a taking of a developer's...


In a written statement, City Attorney Michael Aguirre said the ruling saved taxpayers more than $150 million. "The City of San Diego has no money for Roque de la Fuente," he said.

However, one year ago the city revealed it had offered de la Fuente $50 million to drop the lawsuit and two similar suits he has filed against the city. But two years of negotiations and interventions by three judges produced no settlement.

The Case:

Border Business Park, Inc. v. City of San Diego, No. E035881, 06 C.D.O.S. 8909, 2006 DJDAR 12713. Filed September 19, 2006.

The Lawyers:

For Border Business Park: Vincent Bartolotta Jr., Thorsnes, Bartolotta & McGuire, (619) 236-9363. For the city: Kristine Wilkes, Latham& Watkins, (619) 236-1234.



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