(DOWNLOAD) "Franklin Life Insurance Co. v. Kitchens" by Second Appellate District, Division Two District Court Of Appeal Of California # Book PDF Kindle ePub Free
eBook details
- Title: Franklin Life Insurance Co. v. Kitchens
- Author : Second Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 21, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The plaintiff-school district was successful in this condemnation proceeding in acquiring a parcel of land as a site for the construction of an elementary school. The jury awarded $474,000 as the fair market value of the land taken and fixed severance damages in the sum of $188,000, and no issue is involved as to the adequacy of the monetary award. The dispute to be resolved on appeal is whether the trial court erred in apportioning the $474,000 evaluation award between the appellants and respondents. (Code Civ. Proc., § 1246.1.) While there are numerous parties-defendant designated in the lawsuit, all of whom have some legal, equitable or beneficial interest in the parcel taken, the real parties-in-interest on appeal are the appellant G. E. Kadane & Sons, a copartnership, whose interests are identical with those of the remaining appellants, and the respondent Beeco, Ltd., a corporation, whose rights are compatible with those enjoyed by all the other respondents. Hence, for the sake of brevity and clarification, all appellants will be categorized in this opinion as "Kadane" and all respondents as "Beeco" unless otherwise specifically provided.