Opinion
NOT TO BE PUBLISHED
Contra Costa County Super. Ct. No. C06-00587
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING
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.