Cases

The Town of Apple Valley initiated condemnation proceedings to acquire a local water utility.  The Town issued all statutorily-required resolutions of necessity, compiling a massive administrative record.  After a lengthy bench trial where the parties fought over the proper standard of review, the trial court determined that the Town could not acquire the utility and awarded the utility more than $13 million in attorney fees.  The Town appealed.

In a published opinion, the Court of Appeal reversed on four separate grounds and directed the trial court to conduct further proceedings.  The Court reasoned:  (1) the trial court applied the wrong standard of review, failing to afford proper deference to the Town’s findings; (2) in any event, the trial court failed to apply its own chosen standard of review correctly; (3) the trial court erred in improperly basing its decision on facts arising after the Town adopted its resolutions of necessity; and (4) the trial court erred in concluding that it lacked the power to remand the matter back to the Town to consider post-resolution events.

To read the Court of Appeal Opinion, click HERE.