Anaheim Redevelopment Agency v. Dusek

[193 CalApp3d Page 252] The Anaheim Redevelopment Agency (Agency) appeals a judgment dismissing its complaint in eminent domain to acquire the Duseks' Pickwick Hotel. Appalled by what they contend was judicial usurpation of a legislative function, the Agency and amici curiae argue the trial court erred by granting the Duseks' motion for judgment (Code Civ. Proc., ? 631.8)1 based on the failure to include specific findings of fact in a resolution of necessity. In this case of first impression we must decide whether the Legislature intended to impose a duty on all condemning agencies to make specific factual findings in their resolutions of necessity. We also tackle the thorny issues of whether such resolutions are adjudicative or legislative and whether our characterization is consistent with the legislative intent.