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COUNTY TO PAY NEWHALL PROPERTY OWNER $100,000 IN CLEANUP CLAIM.


Byline: Lisa Van Proyen Daily News 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.  County will pay a Newhall landowner $100,000 to settle a claim involving a county contractor who failed to clean up the man's property after completing roadwork road·work  
n.
1. Sports Outdoor long-distance running as a form of physical exercise or conditioning.

2. The activity of taking a band, typically a rock band, on extended tours.

3. Highway construction.
, officials said Tuesday.

Richard S Ri·chard   , Joseph Henri Maurice Known as "Rocket." 1921-2000.

Canadian hockey player. A right wing for the Montreal Canadiens (1942-1960), he led his team to eight Stanley Cup championships and was the first player to score 50 goals in a
. Smith, who owns the property where an El Pollo Loco El Pollo Loco is a fast-food restaurant chain and Mexican grilled chicken franchise. "El Pollo Loco" is Spanish for "The Crazy Chicken".

Juan Francisco Ochoa started the restaurant in Guasave, Mexico, in 1975.
 restaurant now stands at Pico Canyon Road off Interstate 5 in 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, , sued the county because his property was not left in suitable condition for development, the Office of the County Counsel said.

In 1992, Smith allowed the county to temporarily use his then-vacant property while workers realigned a freeway on-ramp serving the commercial area along the freeway, said Nancy Singer, chairwoman of the Los Angeles County Claims Board.

In return, the county agreed to fill Smith's property with clean dirt and grade and compact the acreage for construction of an El Pollo Loco, Singer said.

The freeway improvement project was completed in December 1992, but when Smith went to develop his property in October 1994, he found large chunks of broken concrete and asphalt buried under a layer of dirt, Deputy County Counsel David Michaelson said in a statement.

The elevation of Smith's property was also about 5 feet higher than it should have been 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.
 his agreement with the county, Michaelson said.

Smith ultimately hired a contractor to remove the debris, delaying the construction of his restaurant by 30 days, Michaelson said. Smith spent more than $200,000 correcting the problems.

He filed the county claim in March 1995, and a lawsuit against the county in October 1995. The settlement was approved Monday by the county Claims Board.

The county has filed a cross-complaint against the contractor, Brutoco Engineering & Construction Inc. of Fontana, claiming that its contract with the company did not call for burying the debris on Smith's property.

Brutoco officials were not available for comment Monday or Tuesday.

The county's cross-complaint against Brutoco alleges breach of contract, indemnity and trespass trespass, in law, any physical injury to the person or to property. In English common law the action of trespass first developed (13th cent.) to afford a remedy for injuries to property. . County officials seek reimbursement of the money paid to Smith and attorney fees.

A trial on the matter is scheduled for Feb. 26.

Smith has agreed to testify for the county in its action against Brutoco.
COPYRIGHT 1997 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Article Type:Statistical Data Included
Date:Jan 29, 1997
Words:364
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