FRUSTUCK v. CITY OF FAIRFAX

Docket No. 21679.

230 Cal.App.2d 412 (1964)

41 Cal. Rptr. 56

ELSIE FRUSTUCK, Plaintiff and Respondent, v. CITY OF FAIRFAX, Defendant and Appellant.

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

October 28, 1964.


Attorney(s) appearing for the Case

Wallace S. Myers for Defendant and Appellant.

Gardiner, Riede & Elliott for Plaintiff and Respondent.


DEVINE, J.

Respondent Frustuck brought an action for damages against appellant city on the theory of inverse condemnation by alleged diversion of water over her property, and for injunction against repetition of the city's acts. She was awarded judgment for $5,000 damages for inverse condemnation unless, within four months after the judgment became final, appellant would divert the flow of water in excess of that which...

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