Wanger Jones Helsley has obtained a stipulated judgment for $36 million and conditions on behalf of its client, an agricultural and commercial property owner, in two actions filed in Madera County Superior Court.  These matters involved two eminent domain actions filed by the State of California against the client, seeking condemnation of land as part of the High Speed Rail project.  The matters were consolidated and litigated before the Honorable James E. Oakley.

The case pivoted on whether the client’s property should be considered as agricultural or commercial, and if the two adjacent properties that were separated by Avenue 11 should be considered part of a “larger parcel.”  The eminent domain action sought to condemn approximately 29 acres. The client achieved success by consolidating the two eminent domain actions, proving that the land could be developed as a business park, and that the property was a single “larger parcel.”  Most importantly, the client successfully moved to increase the deposit of probable compensation from the $2.5 million deposited by the State to $9 million.  Thereafter, in approaching trial, the client, with the help of its several experts in the fields of damage analysis, crop loss, land development, land planning, property use, and railroad engineering, obtained a stipulated judgment based on the lost opportunity to complete the business park for a total of $36 million representing payment for the 29 acres, plus severance damages.

Shareholders Oliver W. Wanger and Jay A. Christofferson handled this matter on behalf of the client. Judge Wanger (Ret.) has tried or presided over more than 600 jury trials to verdict in State and Federal Courts. He has heard and decided myriad cases involving water law, water rights, and drainage entitlements; environmental law, including cases under CERCLA, the ESA, NEPA, RCRA, and the Clean Air & Water Acts; federal and state water contractors; and environmental groups litigating the allocation and use of federal and state contracted water.

Mr. Christofferson practices in all areas of business litigation, including cases involving breach of contract, breach of fiduciary duty, business dissolution, joint venture, subrogation, and insurance coverage disputes.  Both attorneys have been recognized numerous times as a ‘Super Lawyer’ by Super Lawyers magazine and are A/V Preeminent Peer Review Rated with Martindale-Hubbell.