Gold Ridge Partners v. Sierra Pac. Power Co.
Annotate this CaseRespondent issued an eminent domain action against Appellants. The district court awarded Respondent possession of the property, and the jury found Respondent owned Appellants $4.4 million in just compensation. Appellants appealed and Respondent cross-appealed. While the appeals were pending, Respondent filed a notice of its intent to abandon the condemnation proceedings and a motion to vacate the judgment of condemnation. The district court concluded it lacked jurisdiction to enter an order vacating the judgment while an appeal was pending but certified its inclination to grant the motion to vacate based on its conclusion that Respondent was entitled to abandon the proceedings. The Supreme Court held (1) a public agency may abandon an eminent domain action after it has paid just compensation and the district court has entered a final order of condemnation, but before the resolution of issues pending on appeal; (2) the district court retains jurisdiction to address a notice of abandonment and motion to dismiss, even while an appeal of the matter is pending in the Supreme Court; and (3) thus, the motion to remand was denied as moot because a remand was unnecessary for the district court to decide the motion to dismiss.
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