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Stevens v. 396 Investment Co.5/17/2005
home on the representation that it actually measured out at 5,081 square feet. She stated that if the home measured 5,081 square feet, she would value the home at $1,143,000. The jury found the fair market values of these two homes to be somewhat less than the figures Zachry assigned based on the field measurements.
"A jury hearing a condemnation action may not disregard the evidence as to value and render a verdict which either exceeds or falls below the limits established by the testimony of the witnesses. [Citations.] The trier of fact in an eminent domain action is not an appraiser, and does not make a determination of market value based on its opinion thereof. Instead it determines the market value of the property, based on the opinions of the valuation witnesses. [Citation.]" (Aetna Life & Casualty Co. v. City of Los Angeles (1985) 170 Cal.App.3d 865, 877.) In the case before us, it would appear the jury determined the market value of the property by giving weight to the expert testimony of Aust as to square footage and to the expert testimony of Zachry as to value per square foot. It was within the jury's discretion to arrive at a decision in this manner. It is up to the jury to determine the credibility of each witness and the weight to be given to the testimony of each. (Marshall v. Department of Water & Power (1990) 219 Cal.App.3d 1124, 1147.) We see no error in the jury's determination.
(3) Marions' Property
We now turn to the award in favor of the Marions. Appraiser Paul Andrew Laubach testified that the value of the Marions' property was $467,000. Appraiser Sydney Helene Hawran testified that the fair market value of the Marions' property was $492,000. This notwithstanding, the jury, via the special verdict, found the Marions' property had a fair market value of $498,000.
Anaheim claims it is inappropriate for the jury to ascribe to the property a greater value than did either of the expert witnesses. Indeed, the jury "`may not find the market value of the subject property . . . to be . . . more than that testified to by the witnesses who have been permitted to express their opinions on such matters.'" (Aetna Life & Casualty Co. v. City of Los Angeles, supra, 170 Cal.App.3d at p. 876, fn. 2.)
The Marions, on the other hand, maintain that the jury's award was fully appropriate. They point out that Hawran, in assessing the property values in the development, looked at comparable sales ranging in value from $157.69 to $216.67 per square foot. They also cite portions of the record reflecting that their property was at least 2782 square feet in size. The Marions conclude that if one multiplies a value-per-square-foot of $216.67 by 2782 square feet, then the evidence supports a property value of up to $602,775.94. The Marions assert that inasmuch as the jury determined the property value to be only $498,000, that determination was well supported by the evidence.
The problem with this analysis is that the Marions cite no portion of the record in which either appraiser specified the value-per-square-foot of the Marions' property. Just because Hawran, in determining the fair market value of the Marions' property, considered other properties that sold as high as $216.67 per square foot, does not mean that she determined the Marions' property to be worth $216.67 per square foot. In fact, all indications are that she did not value the Marions' property that way, but rather valued their property as being in the lower range. The Marions cite no portion of the record to show that the jury viewed all of the properties Hawran listed as comparable sales and they give no reason why the jury should have been entitled to substitute its j
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