People v. Ayon

352 P.2d 519, 54 Cal. 2d 217, 5 Cal. Rptr. 151, 1960 Cal. LEXIS 159
CourtCalifornia Supreme Court
DecidedMay 20, 1960
DocketL. A. 25754
StatusPublished
Cited by78 cases

This text of 352 P.2d 519 (People v. Ayon) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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]*221northwest 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

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Cite This Page — Counsel Stack

Bluebook (online)
352 P.2d 519, 54 Cal. 2d 217, 5 Cal. Rptr. 151, 1960 Cal. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ayon-cal-1960.