California Court of Appeal

In this case, defendant CNL's water retention basin began to overflow and seep onto plaintiff Aspen Grove's property despite remediation efforts. After several years to solve the water problems, CNL communicated to Aspen Grove that it would not perform any further remedial modification to remove the retention basin. The trial court's grant of a permanent injunction requiring CNL to remove the retention basin is affirmed, where Aspen Grove had no adequate remedy at law because only removal of the retention basin would alleviate the continuing damage and prevent irreparable harm to Aspen Grove's property.

Appellate Information

• Decided 11/03/2014
• Published 11/03/2014

Judges

• Hoch

Court

• California Court of Appeal

Counsel