People v. Ayon

352 P.2d 519, 54 Cal. 2d 217, 5 Cal. Rptr. 151, 1960 Cal. LEXIS 159
California Supreme Court·Decided May 20, 1960·No. L. A. 25754·Published·Cited by 78 cases

Opinions

PETERS, J.

Yor-Way Markets and E. W. Kennedy appeal from a judgment fixing the damages suffered by them as a result of respondent’s exercise of its power of eminent domain. The trial court awarded appellants the sum of $5,800, which is the amount that the parties stipulated was the market value of the property actually taken plus the damage to the remainder as a result of the severance. In the stipulation, the appellants reserved the right to introduce evidence of additional damage resulting from loss of business, customers and goodwill.

The trial court held that appellants had suffered no compensable damage not included in the stipulation. It rejected appellants’ offer of proof relating to the claimed impairment of their right of access to the street upon which their property abutted. The court also rejected appellants’ offer of proof of temporary damages which may be suffered by them during construction of the proposed street improvement.

The rulings of the trial court were correct and its judgment should be affirmed.

Appellants Kennedy and Yor-Way Markets are lessee and sublessee, respectively, of a parcel of land in the city of Azusa. This parcel, referred to as “parcel 5,” is situated on the [221] northwest corner of Azusa Avenue, which runs north and south, and First Street, which runs east and west, and has 200 feet of frontage on Azusa Avenue and 140 feet on First Street. The following diagram* shows the general location of the property and of the route and nature of the improvement.

Appellants operate a supermarket and an adjoining customer parking lot on the property in question. The customers’ entrance to the market is apparently from the parking lot, which is located along the northerly portion of parcel 5. Automobile entrances to the parking lot are located on Azusa Avenue and through an alley which runs along the west side of parcel 5 and intersects with First Street. A 10-foot wide strip along the entire eastern boundary of parcel 5 was condemned by respondent pursuant to a plan of street improvement and traffic relocation. The fair market value of the strip, as well as the diminution of the value of the remainder due to the severance of this strip, were agreed upon by the parties and are not involved in this dispute. But appellants contend that a new street has been interjected between parcel 5 and the street upon which it originally abutted, destroying their right of access to Azusa Avenue and the traffic which customarily travels thereon. Appellants claim that this alleged impairment of the right of access gives rise to a right to additional damages.

Before construction of the street improvement involved in this action traffic on Azusa Avenue traveled both north and south. There was no divider strip separating the traffic lanes, and customers traveling north on Azusa Avenue could make a left-hand turn into the supermarket parking lot. When the proposed change is completed this will no longer be possible. Azusa Avenue is to be widened from its original 47 feet curb-to-curb to 80 feet curb-to-curb from the corner of Azusa and First to a point north of parcel 5 (approximately midway between First Street and the next parallel street to the north, Second Street) where a new proposed connecting road will enter Azusa Avenue. This new road will connect Azusa with San Gabriel Avenue, which is parallel to Azusa and is the next intersecting street to the west.

San Gabriel Avenue is to become a southbound one-way street north of the new connecting street. South of the point of intersection of this new street and San Gabriel Avenue the latter will carry traffic in both directions. The connecting [223] street between San Gabriel and Azusa will be a one-way street running in a southeasterly direction. A metal divider strip will be placed in the middle of Azusa from the corner to the point where this connecting street intersects with Azusa and will be linked to the northeasterly boundary of this connecting street so that automobiles entering Azusa from this street will be able to proceed in a southerly direction only. From this point south, traffic, although divided, will proceed in both directions.

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People v. Ayon, 352 P.2d 519, 54 Cal. 2d 217, 5 Cal. Rptr. 151, 1960 Cal. LEXIS 159 (Cal. 1960).

352 P.2d 519 (People v. Ayon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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