Gordon + Holmes has announced that it represented Imperial Grain Growers, Inc., one of Imperial County’s oldest and largest grain elevator facilities, in obtaining a $701,120 judgment against the California Department of Transportation (Caltrans) after winning the liability phase of an inverse condemnation trial. Based in San Diego, Gordon + Holmes partners Frederic L. Gordon and Rhonda Holmes, represented Imperial Grain Growers, Inc.

According to Gordon + Holmes, Imperial Grain Growers, Inc. brought the action after Caltrans fenced-off part of the facility’s secondary access for the exclusive use of one of Imperial Grain Growers’ neighbors. Caltrans challenged liability, contending that the fencing neither impaired Imperial Grain Growers’ use of the facility, nor constituted a compensable taking in inverse condemnation.

After a lengthy bench trial on the liability phase of an inverse condemnation trial, the Judge Donel Donnelly rendered findings against Caltrans on all legal and factual issues, and ruled that Caltrans’ installing of the fencing constituted a taking in inverse condemnation. To avoid the damages phase of an inverse condemnation trial, Caltrans stipulated to a judgment awarding Imperial Grain Growers damages, attorney’s fees, expert fee’s. and other costs totaling $701,120.

“We are pleased Judge Donnelly completely rejected Caltrans attempt to trample upon IGG’s constitutionally protected property rights. Hopefully, in the future, Caltrans will heed the Judge’s message when dealing with peoples’ rights,” said Frederic L. Gordon.