Saratoga Fire Protection Dist. v. Hackett (2002)

SARATOGA FIRE PROTECTION DISTRICT, Plaintiff and Respondent, v. W. CHARLES HACKETT, Individually and as Trustee, etc., Defendant and Appellant.

[Modification fn. * of opinion ( 97 Cal.App.4th 895) on denial of petition for rehearing.]

PREMO, Acting P. J.-

It is ordered that the opinion filed herein on April 16, 2002, be modified in the following particulars:

On page 2, the beginning of the third full paragraph [97 Cal. App. 4th 898, advance report, 3d par.], under "FACTS," replace the beginning of the paragraph with the following:

Before the trial started, defendant declared in chambers that pursuant to England v. Medical Examiners (1964) 375 U.S. 411, he was reserving the issue of the unconstitutionality of the statute for hearing in the action for declaratory relief he had filed on November 9, 2000, in the United States district court for the northern district of California (W. Charles Hackett, et al., v. Saratoga Fire Protection District, et al., No. C00-21138 PVT).3 When trial started, the court granted plaintiff's motion to exclude any evidence of value other than that determined as of December 17, 1999. Thereafter, the superior court tried the issue whether the taking was necessary, affirmative defenses asserted by defendant. . .

There is no change in judgment.

The Saratoga Fire Protection District petition for rehearing is denied.

Elia, J., and Wunderlich, J., concurred.

FN *. This modification requires the movement of text affecting pages 898-899 of the bound volume report.