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<br />'. . <br /> <br />which if accepted, would have substantially reduced the <br /> <br /> <br />development value of the remaining portion of the parcel. <br /> <br /> <br />Negotiations with the County have reached an impasse. In the <br /> <br /> <br />couise of negotiations, representatives of the County have <br /> <br />acknowledged that eminent domain proceedings, with respect to <br /> <br /> <br />the portion of the Everest parcel which the County seeks to <br /> <br />acqulre, are appropriate. 8y letter dated July 19, 1989, a copy <br /> <br />of which is attached as Exhibit 8, Everest demanded of the City <br /> <br /> <br />and the County that eminent domain proceedings be commenced with <br /> <br /> <br />respect to the Everest parcel. To date, neither defendant has <br /> <br /> <br />commenced eminent domain proceedings, nor otherwise responded. <br /> <br />15. The actions of the County and the City constitute a <br /> <br /> <br />direct and substantial invasion of Everest's property rights and <br /> <br /> <br />are of such a magnitude that Everest is deprived of the <br /> <br /> <br />practical use and enjoyment of its property. The invasion has <br /> <br /> <br />resulted in a definite and measurable diminution of the market <br /> <br /> <br />value of Everest's property. <br /> <br />WHEREFORE, plaintiff demands that it be granted the <br />following relief: <br /> <br />1. That defendants be required by an Order of the court <br /> <br /> <br />to commence eminent domain proceedings with respect to the <br /> <br /> <br />Everest parcel; <br /> <br />-7- <br />