MERRITT LAND CO. v. CITY OF OAKLAND

Docket No. 17536.

154 Cal.App.2d 717 (1957)

316 P.2d 672

MERRITT LAND COMPANY (a Corporation) et al., Respondents, v. CITY OF OAKLAND, Appellant.

Court of Appeals of California, First District, Division Two.

October 28, 1957.


Attorney(s) appearing for the Case

John W. Collier, City Attorney, and Hilton J. Melby, Assistant City Attorney, for Appellant.

Price, MacDonald & Knox and Breed, Robinson & Stewart for Respondents.


DOOLING, J.

Respondents were given judgment for damages to their real property from interference with the free access thereto brought about by appellant's construction of a public improvement. [1] The only question presented on appeal is whether the failure to file a timely claim pursuant to section 53052 of the Government Code is a bar to the action.

The action is admittedly one in inverse condemnation and the damages accrued directly from the...

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