California Court of Appeal

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Pac. Bell Telephone Co. v. S. California Edison Co., B230470

In Pacific Bell Telephone Company's suit against Southern California Edison for inverse condemnation, trial court's judgment in favor of the plaintiff is affirmed where: 1) the defendant's monopolistic or quasi-monopolistic authority, deriving directly from its exclusive franchise provided by the state, distinguishes defendant's action from the cases it cites rejecting inverse condemnation cases against private parties who do not have such monopolistic authority from the state; and 2) the reasonableness test should not be extended to the facts of this case, and the ordinary rules of inverse condemnation strict liability for damages caused by public improvements are applicable.

Appellate Information

  • Decided 08/30/2012
  • Published 08/30/2012

Judges

  • Chaney

Court

  • California Court of Appeal

Counsel