ORANGE : City Must Revise Land Takeover

In an unusual move, an Orange County Superior Court judge has kicked back the city’s request to take over property for a street-widening project.

Even those who had challenged the city were surprised. “I’ve been doing this for 17 years and haven’t stopped a condemnation yet,” said Irvine attorney Patrick A. Hennessey, who represented the property owners.

Six businesses at La Veta Avenue and Main Street were the first of about 100 to be displaced by a $20-million project to widen La Veta, Main and Chapman Avenue. The City Council approved the property seizure in September under its right of eminent domain.

The James A. Daum family, which owns the parcel, filed a complaint saying that the city does not need the entire 33,000 square feet of commercial property for the road project.

Monday’s ruling by Judge Tully H. Seymour “asserts the strength of the property owners against a city acquisition,” said Dana Daum, a family member who runs a sandwich shop in the center. “They don’t have the power to say, ‘We want this, and we’ll take it.’ ”

Assistant City Atty. David De Berry said officials sought to acquire the entire lot because all businesses in the center have a joint parking agreement. “Essentially, none of those buildings will have sufficient parking,” he said.

The city had set aside $1.5 million to compensate all businesses affected by the action, De Berry said.

Under Seymour’s ruling, the city has 60 days to submit a revised plan that would seek less property for the street-widening project.

On Friday, the court will consider the Daums’ request for payment of $92,000 from the city to cover legal and other fees.