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CITY WINS RULING ON ROAD JUDGE OKS NEXT PHASE OF GOLDEN VALLEY.


Byline: Heather MacDonald Staff Writer

LOS ANGELES Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  - A Superior Court judge ruled Thursday that the city of Santa Clarita Santa Clarita, city (1990 pop. 110,642), Los Angeles co., S Calif., suburb 30 mi (48 km) NW of downtown Los Angeles, on the Santa Clara River; inc. 1987. Situated in the Santa Clara valley and nearby canyons, Santa Clarita includes the former towns of Canyon Country,  can build the next phase of Golden Valley Road across the former Bermite explosives factory, despite the property owners' objections.

Judge Robert O'Brien ruled that the city had shown an urgent need to take possession of the right-of-way for the road, which will link to Newhall Ranch Road and provide an additional route between the Golden State and the Antelope Valley freeways.

Construction could begin early next week, said Alan A. Sozio, a lawyer for the city.

Sozio had told the judge during a hearing Wednesday that Santa Clarita would incur significant cost overruns and violate a development agreement for the adjacent Centre Pointe Business Park unless construction began immediately.

Jeffry Butler, an attorney for Remediation Financial Inc., which owns the Bermite property, said the company would likely appeal the judge's ruling. The company intends to continue contesting the city's right to take the land under eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in  statutes and the validity of the appraisal, Butler said.

The judge rejected RFI's contention that construction of the road on 12 acres of the polluted land would not benefit the public but only Spirit Holdings Inc., the developer of the Centre Pointe project.

RFI (Radio Frequency Interference) High-frequency electromagnetic waves that emanate from electronic devices such as chips.

RFI - Radio Frequency Interference
 is also seeking to quash the resolution passed unanimously by the City Council on Tuesday authorizing the eminent domain proceedings, Butler said.

Construction of this phase of the road is scheduled to be completed by January, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 City Engineer Robert Newman Robert Newman can refer to:
  • Robert Newman (actor), known for his long-running role on Guiding Light
  • Robert Newman (comedian), also known as Rob Newman
  • Robert Newman (impresario) - manager of the Queen's Hall and founder of the Promenade Concerts
.

RFI terminated the city's access as part of a larger dispute over the cleanup of the property, contaminated contaminated,
v 1. made radioactive by the addition of small quantities of radioactive material.
2. made contaminated by adding infective or radiographic materials.
3. an infective surface or object.
 with 275 toxic chemicals and the proposed development of the 3,000-home Porta Bella subdivision.

O'Brien also accepted the city's deposit of $588,100 - the fair market value of the property, according to a city appraisal.
COPYRIGHT 2001 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Sports
Publication:Daily News (Los Angeles, CA)
Date:Oct 12, 2001
Words:307
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