PTWWW - Palmieri, Tyler, Wiener, Wilhelm, & Waldron
Wells v. County of San Bernardino
Michael Kehoe and Gary Weisberg recently obtained a substantial jury verdict for inverse condemnation against the County of San Bernardino. Mr. Kehoe and Mr. Weisberg were able to prove to the court and jury that the County had taken their clients' ability to use, sell or develop their commercial property for a ten-year period when the County failed to provide access as it had proposed as part of an intersection expansion project. The trial court found the County liable for taking the owners' rights of access and frontage, engaging in unreasonable conduct, and physically using private property. At trial, the owners sought compensation of $5.9 million. The County, however, claimed that only $57,000 in compensation was owed. After a month-long jury trial, the jury determined that just compensation totaled $5,133,014.00.