Legal News

City wants Scalzo Trust verdict set aside

By Richard Binder

The city of San Juan Capistrano has filed two motions in trial court in an attempt to either have a nearly $7 million judgment against the city tossed and a new trial granted in a housing development case, or for the court to issue its own judgment notwithstanding the jury verdict.

In 2005, the city approved construction of Belladonna Estates, a 31-lot development on nearly 17 acres with custom lots ranging from 13,000 to 32,000 square feet, on the property of one Rick Scalzo. But the Scalzo Trust objected to one of 121 conditions imposed by San Juan Capistrano, that property should be dedicated to the city "to widen an existing city public drainage easement." The trust sued the city and was awarded $6.7 million in compensation, in addition to costs and legal expenses.

The city has said it believes the jury verdict is not supported by the law or the facts and that it will continue to vigorously oppose it. A hearing on the motions is set for Aug. 12, but Judge Gail Andler may issue a tentative ruling before that date.

Full story at OCRegister.com.

Full post as published by Legal Pad | LA on July 27, 2010 (boomark / email).