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Judge rules with state in Davenport suit - The Eureka Reporter

News Opinion Arts Features Youth Sports AP News HomeSectionsContactSubscribe Thu. Dec. 22, 2005 Judge rules with state in Davenport suit by Kara D. Machado, 12/21/2005 A judge Made an official ruling Monday that sided with the state in the direct transfer of two local properties to Redwood Community Action Organization.The lawsuit, initiated by retired local businessman Don Davenport, alleged the state’s transfer of two T Street properties — which have been leased by nonprofit organization RCAA for a combined 35 years, RCAA officials said — did not follow the guidelines in a state streets and highway code: To make improvements, not repairs, of at least $5,000 during the tenancy; that the properties had to be commercial; and that there had to be two independent appraisals done to determine fair market value.Humboldt County Superior Court Judge Marilyn B. Miles tentatively ruled for the state on two of three of Davenport’s concerns. However, she repeatedly brought up how the language of “two independent appraisals” should be interpreted.Monday, Laurence A. Kluck, an attorney for Davenport, said that although the petitioner argued that two independent appraisals should be done by out-of-house appraisers, not two CalTrans appraisers, the judge ruled against that argument.Miles Made her - More available

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