California Court of Appeal

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Skoumbas v. City of Orinda, A117960

In a suit seeking damages for inverse condemnation, nuisance, and trespass when erosion to plaintiff-owner's property was caused by water discharged from a storm drain, summary judgment for defendant-city is reversed where: 1) the critical inquiry was not whether the entire system was a public improvement, but rather whether city acted reasonably in its maintenance and control over those portions of the drainage system it does own; and 2) accordingly, there were triable issues of material fact.

Appellate Information

  • Decided 07/31/2008
  • Published 07/31/2008

Judges

  • SIGGINS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Nick T. Reckas, Nick T. Reckas, Greenbrae, for Appellants., Clapp, Moroney, Bellagamba & Vucinich, James G. Lucier, San Bruno, for Amici Curiae on behalf of Appellants.

  • For Appellees:
  • Lepper & Harrington, Gary M. Lepper, Paul V. Samoni, Walnut Creek, for Respondent.
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