California Court of Appeal

In action for inverse condemnation in the flood control context, judgment in favor of defendant is affirmed where: 1) contrary to plaintiff's argument, the trial court did decide the central issue of whether defendant implemented the master drainage plan and ruled against plaintiff; 2) the trial court properly applied the rule of reasonable conduct rather than strict liability; 3) there was sufficient evidence to support the court's factual findings; and 4) plaintiff's action was barred by the statute of limitations.

Appellate Information

• Decided 03/23/2009
• Published 03/23/2009

Judges

• DAVIS, J.*

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David Collins;  Desmond, Nolan, Livaich & Cunningham and Gary Livaich, Sacramento, for Plaintiff and Appellant.


• For Appellees:
  
• Porter Scott, Stephen E. Horan and Scott H. Cavanaugh, Sacramento, for Defendant and Respondent.