This is an action in eminent domain where the City of Morro Bay (Plaintiff or the City) seeks to take certain property (the Property) located at 1290 Embarcadero in Morro Bay, belonging to Defendants Vistra Energy Corp. and Dynegy Morro Bay, LLC. The City seeks this property for the purpose of upgrading its wastewater treatment and water supply infrastructure (referred to as the Project), including the construction of a new water reclamation facility (WRF) and the decommissioning of the existing wastewater treatment plant (WWTP).
The City filed a motion for prejudgment possession, which motion was heard on July 30, 2020. The Court issued its ruling on September 11, 2020 (the Ruling), granting the City’s motion for prejudgment possession. The Court did not sign the proposed order the City submitted in conjunction with its motion.
The City thereafter filed an ex parte application for proposed order on prejudgment possession. The Court denied the ex parte application, set a briefing sched