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• Mendocino Railway v. Meyer  |  
• Mendocino Railway v. Shea  |  
• Mendocino Railway v. Georgia Pacific

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Mendocino Railway Eminent Domain Cases

Mendocino Railway vs. Meyer, John (SCUK-CVED-2020-74939)

Mendocino Railway files for eminent domain on 1401 West Highway 20, Willits, California, filed December 22, 2020.

• COMPLAINT IN EMINENT DOMAIN filed by Mendocino Railway December 22, 2020 (Scanned document supplied by Mendocino Superior Court)
• DEFENDANT JOHN MEYER'S ANSWER TO COMPLAINT IN EMINENT DOMAIN, filed February 18, 2921.
• ANSWER OF DEFENDANTS SHEPPARD INVESTMENTS AND MARYELLEN SHEPPARD, filed August 9, 2021
• PLAINTIFF'S MOTION TO BIFURCATE AND SET BENCH TRIAL DATE ON DEFENDANT'S RIGHT TO TAKE OBJECTIONS, May 13, 2022. Mendocino Railway's Motion to separate the issue of whether Mendocino Railway has a right to take using eminant domain, prior to a jury trial on the value of the land. Defendant John Meyer did not oppose. Motion was granted.
• PLAINTIFF MENDOCINO RAILWAY'S MANDATORY SETTLEMENT CONFERENCE STATEMENT, May 4, 2022. Mendocino Railway's appraisal of the John Meyer property.
• PLAINTIFF MENDOCINO RAILWAY'S DESIGNATION OF EXPERT WITNESSES, April 12, 2022
• DEFENDANT JOHN MEYER'S FIRST AMENDED ANSWER TO COMPLAINT IN EMINENT DOMAIN, May 27, 2022
• Mendocino Railway's Motion to Combine City of Fort Bragg v. Mendocino Railway with eminent domain case Mendocino Railway v. John Meyer et. al.
• Mendocino Railway's NOTICE OF RELATED CASE, June 22, 2022.
• OPPOSITION OF CITY OF FORT BRAGG TO NOTICE OF RELATED CASE, June 27, 2022. City of Fort Bragg's brief and arguments against combining City of Fort Bragg v. Mendocino Railway with Mendocino Railway v. John Meyer.
• OPPOSITION OF CALIFORNIA COASTAL COMMISSION TO MENDOCINO RAILWAY'S NOTICE OF RELATED CASE September 16, 2022
• DEFENDANT MENDOCINO RAILWAY'S REPLY IN SUPPORT OF ITS NOTICE OF RELATED CASES; DECLARATION OF PAUL BEARD II IN SUPPORT OF REPLY BRIEF
• CITY OF FORT BRAGG'S OBJECTION TO MENDOCINO RAILWAY'S REPLY IN SUPPORT OF ITS NOTICE OF RELATED CASES; DECLARATION OF PAUL BEARD II IN SUPPORT OF REPLY BRIEF, filed September 26, 2022.
• MINUTES OF HEARING ON NOTICE OF RELATED CASES, dated September 30, 2022. MR attorney Beard "states...They are not seeking consolidation of the two cases. They are just requesting their case be moved to Ukiah jurisdiction department." The Court denied the motion.
• NOTICE OF MOTION TO QUASH SUBPOENA BY WITNESSES FRED HARRIS AND CALIFORNIA PUBLIC UTILITIES COMMISSION, MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF FRED HARRIS IN SUPPORT THEREOF, August 4, 2022. The actual CIVIL SUBPOENA (DUCES TECUM) is attached as EXHIBIT A.
• PLAINTIFF MENDOCINO RAILWAY'S OPPOSITION TO MOTION TO QUASH SUBPOENA BY WITNESS FRED HARRIS AND CALIFORNIA PUBLID UTILITIES COMMISSION; DECLARATION OF GLENN L. BLOCK IN SUPPORT THEREOF, filed August 9, 2022.
• DEFENDANT JOHN MEYER'S TRIAL BRIEF, filed August 19, 2022.
• JOINT WITNESS LIST RIGHT TO TAKE TRIAL, filed August 19, 2022.
• DEFENDANT JOHN MEYER'S MOTION IN LIMINE TO EXCLUDE TESTIMONY AND EVIDENCE FROM KENNAN H. BEARD III, filed August 19, 2022.
• PLAINTIFF MENDOCINO RAILWAY'S TRIAL BRIEF RE: LEGAL ISSUE BENCH TRIAL ON DEFENDANT MEYER'S RIGHT TO TAKE OBJECTIONS, filed August 19, 2022.
• Minutes of the Bench Trial before Judge Jeanine Nadel on the question of whether Mendocino Railway qualifies to exercise the taking power of eminent domain.
  • Trial Minutes August 23, 2022
  • Transcript of COURT TRIAL — DAY 1, August 23, 2022
  • Trial Minutes August 24, 2022
  • Transcript of COURT TRIAL — DAY 2, August 24, 2022
  • Trial Minutes August 25, 2022
  • Transcript of COURT TRIAL — DAY 3, August 25, 2022
  • Transcript of COURT TRIAL — DAY 4, August 29, 2022
  • Transcript of COURT TRIAL — DAY 5, November 3, 2022
  • Transcript of COURT TRIAL — DAY 6, November 10, 2022
• DEFENDANT JOHN MEYER'S NOTICE OF MOTION TO REOPEN CASE, filed September 12, 2022
• EX PARTE STIPULATION OF DEFENDANT JOHN MEYER AND PLAINTIFF MENDOCINO RAILWAY TO RESET CLOSING BRIEFING SCHEDULE, filed September 16, 2022. Moves deadline for Closing Briefs to October 7,2022
• PLAINTIFF MENDOCINO RAILWAY'S OPPOSITION TO DEFENDANT'S MOTION TO REOPEN CASE; DECLARATION OF GLENN L. BLOCK IN SUPPORT THEREOF filed September 21, 2022. Contains a large tranch of miscellanious trial related documents, deposition questions, etc.
• DEFENDANT JOHN MEYER'S REPLY BRIEF TO OPPOSITION TO REOPEN CASE, filed September 27, 2022. Cites Mendocino Railway's failure to produce the Railroad Retirement Board decision in Discovery "because the decision tends to prove...that Mendocino Railway does not have the power of eminent domain..."
  • SUPPLEMENTAL DECLARATION OF STEPHEN F. JOHNSON IN SUPPORT OF DEFENDANT JOHN MEYER'S MOTION TO REOPEN CASE, filed September 27, 2022.
• Tentative Ruling: "Defendant's Motion to reopen the case is granted." Filed October 7, 2022
• DEFENDANT JOHN MEYER'S TRIAL EXHIBITS WITH ATTACHMENTS, filed November 4, 2022.
• PLAINTIFF MENDOCINO RAILWAY'S CLOSING TRIAL BRIEF, filed January 23, 2023. Searchable.
• DEFENDANT JOHN MEYER'S CLOSING TRIAL BRIEF, filed January 23, 2023. Searchable.
• DEFENDANT JOHN MEYER'S CLOSING REPLY BRIEF, filed February 07, 2023. Searchable.
• PLAINTIFF MENDOCINO RAILWAY'S REPLY TO DEFENDANT MEYER'S CLOSING TRIAL BRIEF>, filed February 08, 2023. Searchable.
• Decision After Trial, filed April 19, 2023. "The court concludes that MR has failed to meet its burden of establishing that its attempt to acquire Meyer’s property through eminent domain is supported by constitutional and statutory powers. The court finds in favor of Meyer."
• PLAINTIFF MENDOCINO RAILWAY'S REQUEST FOR STATEMENT OF DECISION OR, IN THE ALTERNATIVE, PLAINTIFF'S OBJECTIONS TO PROPOSED STATEMENT OF DECISION Filed April 27, 2023
• DEFENDANT JOHN MEYER'S REPLY TO PLAINTIFF MENDOCINO RAILWAY'S REQUEST FOR A STATEMENT FOR DECISION> Filed May 1, 2023
• Minute order Re Objections and Request for Statement of Decision, filed May 16, 2023 "The court finds that all issues raised by Plaintiff have been addressed by the court in its decision and the decision after trial will constitute the Statement of Decision."
• JUDGMENT AFTER TRIAL BY COURT, filed June 2, 2023
• PLAINTIFF MENDOCINO RAILWAY'S OBJECTION TO DEFENDANT MEYER'S [PROPOSED] JUDGMENT, filed June 5, 2023
• DEFENDANT JOHN MEYER'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MENDOCINO RAILWAY'S OBJECTION TO [PROPOSED] JUDGMENT, filed June 15, 2023
• PLAINTIFF MENDOCINO RAILWAY'S NOTICE OF MOTION AND MOTION TO REOPEN BENCH TRIAL TO CONSIDER NEW FACTS ARISING PRIOR TO JUDGMENT; DECLARATION OF GLENN L. BLOCK, filed June 5, 2023
• PLAINTIFF MENDOCINO RAILWAY'S NOTICE OF MOTION AND MOTION TO SET ASIDE AND VACATE PREMATURE JUDGMENT SIGNED BEFORE TIME TO FILE OBJECTIONS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, filed June 5, 2023
• DEFENDANT JOHN MEYER'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MENDOCINO RAILWAY'S MOTION TO REOPEN BENCH TRIAL, filed June 15, 2023
• DEFENDANT JOHN MEYER'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MENDOCINO RAILWAY'S MOTION TO SET ASIDE AND VACATE PREMATURE JUDGMENT, filed June 15, 2023
• PLAINTIFF MENDOCINO RAILWAYS REPLY ISO MOTION TO SET ASIDE AND VACATE PREMATURE JUDGMENT SIGNED BEFORE TIME TO FILE OBJECTIONS, filed June 23, 2023
• PLAINTIFF MENDOCINO REALWAY'S REPLY ISO MOTION TO REOPEN BENCH TRIAL TO CONSIDER NEW FACTS ARISING PRIOR TO JUDGMENT; DECLARATION OF GLENN L. BLOCK , filed June 23, 2023
• PLAINTIFF MENDOCINO RAILWAYS REPLY ISO OBJECTION TO DEFENDANT MEYER [PROPOSED] JUDGMENT, filed June 23, 2023
• ORDER RE PLAINTIFF'S MOTION TO SET ASIDE AND VACATE PREMATURE JUDGMENT SIGNED BEFORE TIME TO FILE OBJECTIONS, filed July 11, 2023. Motion denied.
• ORDER RE PLAINTIFF'S MOTION TO REOPEN BENCH TRIAL TO CONSIDER NEW FACTS ARISING PRIOR TO JUDGMENT, filed July 11, 2023. Motion denied.
• Mendocino Railway NOTICE OF APPEAL, filed July 11, 2023
• DEFENDANT JOHN MEYER'S NOICE OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610 , filed June 20, 2023
• DEFENDANT JOHN MEYER'S MEMORANUM IN SUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610 , filed June 20, 2023
• EXHIBIT A: TABLES OF REASONABLE ATTORNEY FEES AND BILLING STATEMENTS, filed June 20, 2023
• EXHIBIT B: ARTICLES, LETTERS AND MISC. DOCUMENTS, filed June 20, 2023
• EXHIBIT C: ADDITIONAL DOCUMENTS IN SUPPORT, filed June 20, 2023
• EXHIBITS D and E: ADDITIONAL DOCUMENTS IN SUPPORT, filed June 20, 2023
• DECLARATON OF BRIAN C. CARTER IN DUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed July 12, 2023
• DECLARATION OF THOMAS S. BRIGHA IN SUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed July 12, 2023
• DECLARATION OF ATTILA PANCZEL IN SUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed July 12, 2023
• PLAINTIFF MENDOCINO RAILWAY'S OPPOSITION TO DEFENDANT JOHN MEYER'S MOTION FOR AWARD OF ATTORNEY FEES AND COSTS; DECLARATION OF GLENN L. BLOCK IN SUPPORT THEREOF, filed August 3, 2023
• REPLY DECLARATION OF STEPHEN F. JOHNSON IN SUPPORT OF MOTION FOR AWARD OF REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed August 11, 2023
• DEFENDANT JOHN MEYER'S REPLY MEMORANDUM IN SUPPORT OF MOTION FOR AWARD OR REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed July 11, 2023
• Clerk's Minutes explaining the denial of "loadstar" enhancements to attorney fees and costs award., filed August 18, 2023
• ORDER AWARDING DEFENDANT JOHN MEYER REASONABLE ATTORNEY FEES AND COSTS PURSUANT TO CCP § 1268.610, filed August 23, 2023. Meyer awarded $265,533.50
• Writ of Execution, filed September 7, 2023. "The Levying Officer shall place a keeper at Mendocino Railway's Skunk Train depot located at 100 West Laurel Street, Fort Bragg, CA 95437. The keeper shall take custody of the proceeds from all sales and take possession of all money in the cash register or other "tills" located on the premises for 10 days from the time the keeper is placed in the business. Business hours are 9:30 AM to 1:00PM each day, except Tuesday.
• PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER...seeking to quash the judgment, leans, Writ of Execution, staying enforcement of costs, etc. pending appeal, filed September 21, 2023.
• JOHN MEYER'S OPPOSITION TO EX PARTE APPLICATION FOR ORDER, filed September 26, 2023.
• DECLARATION OF STEPHEN F. JOHNSON IN SUPPORT OF DEFENDANT JOHN MEYER'S REQUEST FOR REASONABLE TIME TO RESPOND TO EX PARTE APPLICATION FOR ORDER, filed September 21, 2023.
• DEFENDANT JOHN MEYER'S REQUEST FOR JUDICIAL NOTICE “requests that the court take judicial notice of the Mendocino Voice Newspaper Article dated May 21, 2023, entitled ‘Skunk Train Property Sells For $41.5 Million In Internal Transfer To Sister Company That Operates Freight Rail Shipping.’” filed September 26, 2023.
• PLAINTIFF' REPLY IN SUPPORT OF EX PARTE APPLICATION FOR ORDER STAYING ENFORCEMENT OF DEFENDANT'S COSTS AWARD, ETC., filed September 27, 2023.
• Notice of Entry of ORDER ON PLAINTIFF'S EX PARTE APPLICATION FOR ORDER, filed October 24, 2023.
• APPELLANT'S AMENDED NOTICE APPEAL, filed OCTOBER 17, 2023.
• APPELLANT'S NOTICE DESIGNATING RECORD ON APPEAL, filed September 13, 2023.
• NOTICE OF ELECTION TO USE AN APPENDIX PURSUANT TO CRC 8.124(a) and CASE SUMMARY, filed October 17, 2023.
• A168959 - Order - FILED ORDER CONSOLIDATING WITH CASE A168959, filed JUly 8, 2023. Mendocino Railway filed separate appeals for both the decision and the award of attorneys fees. 1st District Court of Appeals ruled to combine those two appeals into a single case.
• First District Court of Appeal
  • APPELLANT'S OPENING BRIEF, filed September 27, 2024.
  • APPELLANT'S MOTION FOR JUDICIAL NOTICE; DECLARATION OF PAUL BEARD II IN SUPPORT THEREOF, filed September 27, 2024.
  • RESPONDENT'S BRIEF, filed December 2, 2024.
  • RESPONDENT'S OPPOSITION TO MOTION FOR JUDICIAL NOTICE, filed December 2, 2024.
  • APPELLANT'S REPLY BRIEF, filed January 15, 2025.
  • NEW 1/30 APPLICATION OF THE CALIFORNIA COASTAL COMMISSION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENT JOHN MEYER, filed January 28, 2025.
  • NEW 2/3 APPLICATION OF AMERICAN SHORT LINE AND REGIONAL RAILROAD ASSOCIATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT MENDOCINO RAILWAY; (2) AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT MENDOCINO RAILWAY, dated January 29, 2025.
  • NEW 2/16 RESPONDENT'S ANSWER TO AMERICAN SHORT LINE AND REGIONAL RAILROAD ASSOCIATION'S AMICUS CURIAE BRIEF, filed February 7, 2025.
  • NEW 2/16 APPELLANT'S ANSWER TO BRIEF OF AMICUS CURIAE CALIFORNIA COASTAL COMMISSION, filed February 7, 2025.

Mendocino Railway vs. Shea, Lorena Ruth (SCUK-CVED-74846), filed November 18, 2020

Eminent Domain on property located at 476 Alger Street in Fort Bragg.

• PLAINTIFF'S MOTION FOR PREJUDGMENT POSSESSION (CCP § 1255.410); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ROBERT JASON PINOLI IN SUPPORT, filed January 29, 2021
• JUDGMENT AND FINAL ORDER OF CONDEMNATION, filed June 7, 2021
• Parcel Map showing 476 Alger Street.
• Memo from Joanna Gonzalez, City of Fort Bragg Community Development Department to Chantell O'Neal, City Planner, re: 476 Alger Street., dated 10/20/2020
• Mendocino Railway offer to purchase 476 Alger Street for $155,000 with threat of eminent domain if the owner refuses, dated November 6, 2020

Mendocino Railway vs. Georgia-Pacific LLC, et al. (21VC00595)

Eminent domain on the southern 209 acres of the Georgia-Pacific mill site and 70 acres along Pudding Creek

• COMPLAINT IN EMINENT DOMAIN, filed August 11, 2021
• STIPULATION RE: SETTLEMENT, JUDGMENT AND FINAL ORDER OF CONDEMNATION, filed November 17, 2021

Last Updated January 30, 2025

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