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JOSLIN v. MARIN MUN. WATER DIST.

Docket No. S.F. 22503.

67 Cal.2d 132 (1967)

429 P.2d 889

60 Cal. Rptr. 377

DONALD JOSLIN et al., Plaintiffs and Appellants, v. MARIN MUNICIPAL WATER DISTRICT, Defendant and Respondent.

Supreme Court of California. In Bank.

July 28, 1967.

Attorney(s) appearing for the Case

Bagshaw, Martinelli, Weissich & Jordan, W.O. Weissich and Hadden W. Roth for Plaintiffs and Appellants.

Riede & Elliott, Robert W. Elliott, Ronald D. Schenck, Bacigalupi, Elkus, Salinger & Rosenberg, Tadini Bacigalupi, Jr., and William G. Fleckles for Defendant and Respondent.

Frederick Bold, Jr., as Amicus Curiae on behalf of Defendant and Respondent.

SULLIVAN, J.

Plaintiffs, owners of lands riparian to Nicasio Creek in Marin County, appeal from a summary judgment for defendant entered in an action in inverse condemnation for damages resulting from defendant's construction of a dam across said creek at a point above plaintiffs' lands.

Plaintiffs' third amended complaint (complaint) alleges that since March 1955 plaintiffs have been, and now are, the owners of a parcel of five acres of land; that a stream...

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