California Court of Appeal

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.