East Bay Regional Park District v. Carr

Full title: EAST BAY REGIONAL PARK DISTRICT, Plaintiff, Cross-defendant and…

Court: California Court of Appeals, First District, Third Division

Date published: Oct 25, 2010

No. A122187 (Cal. Ct. App. Oct. 25, 2010)

Opinion

EAST BAY REGIONAL PARK DISTRICT, Plaintiff, Cross-defendant and Respondent, v. C. DONALD CARR et al., Defendants, Cross-complainants and Appellants. A122187 California Court of Appeal, First District, Third Division October 25, 2010

NOT TO BE PUBLISHED

Contra Costa County Super. Ct. No. C06-00587

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

McGuiness, P.J. ^*

* Justice Jenkins and Justice Pollak concur.

THE COURT:

It is ordered that the opinion filed herein on September 24, 2010, be modified as follows.

1. On page 11 of the opinion, the words “lost good will” are deleted and replaced with the words “just compensation”, so the sentence now reads.

“Gimmy assumed, in his calculation of just compensation that approximately 47 contiguous acres of the property was available for residential development.”

2. The Disposition should be changed to reflect that defendants are allowed costs on appeal. (See Code of Civ. Proc. § 1268.710.) The Disposition should now read:

“The judgment is affirmed. Defendants are allowed costs on appeal. (See Code of Civ. Proc. § 1268.710.)”

This modification changes the judgment. Appellant’s Petition for Rehearing is denied.