United States of America v. 75.746 Acres of Land et al

Plaintiff: United States of America
Defendant: 75.746 Acres of Land and Ashby Investment Company
Case Number: 2:2008cv01829
Filed: October 6, 2008
Court: Arizona District Court
Office: Condemnation Office
County: Maricopa
Presiding Judge: Frederick J Martone
Nature of Suit: None
Cause of Action: U.S. Government Plaintiff
Jury Demanded By: 28:1358 Land Condemnation

Available Case Documents

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Date Filed#Document Text
June 9, 2010 81 Opinion or Order of the Court ORDER - We tried this eminent domain action under Rule 71.1, Fed. R. Civ. P., on May 11 and 12, 2010. These are our findings and conclusions under Rule 52(a), Fed. R. Civ. P. The United States acquired an aviation easement over 75.746 acres of land, part of a larger parcel of 211.58 acres, owned by Ashby Land LLC, located at the end of the southwest runway at Luke Air Force Base in Glendale. The only issue in dispute is the amount of just compensation due, measured by the fair market value of th e land on the day of taking, here, October 6, 2008. I find and conclude that there were no comparables to the subject property, and that Nagy's use of sales outside the Luke area for properties that were not used for rose bush farming failed to give a true measure of value. Thus, Brophy was right to not use the comparable sales method, because there were no legitimate comparables. I find that the income approach for this land, which is uniquely suited to rose bush farming, is a reasonable a pproach where there simply are no comparables. The clerk is directed to enter final judgment in favor of the defendants and against the United States in the amount of $3.1 million. Signed by Judge Frederick J Martone on 6/8/10. (NOTE: See Order for full details)(KMG)
April 7, 2010 58 Opinion or Order of the Court ORDER denying Pla's 51 Motion for Partial Summary Judgment. Signed by Judge Frederick J Martone on 04/07/10.(ESL)

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Plaintiff: United States of America
Represented By: Sue A Klein
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Defendant: 75.746 Acres of Land
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Defendant: Ashby Investment Company
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