California Court of Appeal

The trial court's determination that defendant's pipeline on plaintiff's land constituted trespass is reversed where the county acted within its discretion in concluding that use of the right-of-way for routing the pipeline was in the public interest and would not unduly harm the landowners.

Appellate Information

• Decided 08/02/2004
• Published 08/02/2004

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bernheim, Gutierrez & McCready, William S. Bernheim, Dixon, for Plaintiffs and Appellants.


• For Appellees:
  
• Downey Brand, Julie A. Carter, Tracy K. Hunckler, David A. Livingston, Sacramento, for Defendant and Appellant., Jennifer Henning for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant., Anderson & Poole, Edward G. Poole, San Francisco, Shannon M. Childs for California Natural Gas Producers Association as Amicus Curiae on behalf of Defendant and Appellant.