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http://www.mercurynews.com/mld/merc...s/california/northern_california/13777059.htm
A church with a deaf congregation is suing over the demolition of its old property to make way for freeway improvement, arguing that the California Department of Transportation cheated it out of millions of dollars in compensation.
The Calvary Deaf Church was paid $1.4 million for property that Caltrans seized by eminent domain three years ago. The church said it should have received $5.6 million, arguing that instead of paying the fair market value for the existing buildings, the state should have considered their replacement value in the pricier property market.
The church also is seeking $200,000 in damages for "lost goodwill" because the relocation drove away some of the 40 congregants and that meant a loss of tithes.
The Superior Court case is scheduled for trial on Feb. 27.
Meanwhile, the congregation is renting space in another church across town.
"Caltrans is playing hardball and is forcing this congregation to a trial that ought to be avoidable," said John C. Murphy, an attorney for the congregation.
The state's offer was "more than what's necessary or fair," Caltrans spokeswoman Rose Melgoza said.
"I understand the church wants more money," she said. "But we still have to be appropriate and deliberate with the tax dollars we are spending."
The church, the pastor's home and several apartments were razed by Caltrans in December 2003 to build an overpass linking State Route 91, Interstate 215 and State Route 60 in an area that is one of the state's worst traffic bottlenecks. The $300 million project is expected to be completed next year.
A similar lawsuit was settled in 1997 when an Orange County jury awarded $1.7 million to an Anaheim church whose property was seized to widen Interstate 5.
A church with a deaf congregation is suing over the demolition of its old property to make way for freeway improvement, arguing that the California Department of Transportation cheated it out of millions of dollars in compensation.
The Calvary Deaf Church was paid $1.4 million for property that Caltrans seized by eminent domain three years ago. The church said it should have received $5.6 million, arguing that instead of paying the fair market value for the existing buildings, the state should have considered their replacement value in the pricier property market.
The church also is seeking $200,000 in damages for "lost goodwill" because the relocation drove away some of the 40 congregants and that meant a loss of tithes.
The Superior Court case is scheduled for trial on Feb. 27.
Meanwhile, the congregation is renting space in another church across town.
"Caltrans is playing hardball and is forcing this congregation to a trial that ought to be avoidable," said John C. Murphy, an attorney for the congregation.
The state's offer was "more than what's necessary or fair," Caltrans spokeswoman Rose Melgoza said.
"I understand the church wants more money," she said. "But we still have to be appropriate and deliberate with the tax dollars we are spending."
The church, the pastor's home and several apartments were razed by Caltrans in December 2003 to build an overpass linking State Route 91, Interstate 215 and State Route 60 in an area that is one of the state's worst traffic bottlenecks. The $300 million project is expected to be completed next year.
A similar lawsuit was settled in 1997 when an Orange County jury awarded $1.7 million to an Anaheim church whose property was seized to widen Interstate 5.
