County of San Diego v. Bressi

In County of San Diego v. Bressi (1986) 184 Cal.App.3d 112, the County of San Diego sought to acquire avigation easements over the defendant's property and adopted a resolution of necessity allowing such easements to be used by " 'every type of aircraft which is now in existence or which may be developed in the future for both commercial and noncommercial flights ... .' " (Id. at p. 116.) The Court of Appeal ruled that on retrial "the County may not offer evidence that an airport accommodating jumbo jets will not be built" because such evidence contradicts the resolution of necessity. (Id. at p. 123.)