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HOLTZ v. SAN FRANCISCO BAY AREA RAPID TRANSIT DIST.

Docket No. S.F. 23398.

17 Cal.3d 648 (1976)

552 P.2d 430

131 Cal. Rptr. 646

MAX HOLTZ et al., Plaintiffs and Respondents, v. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, Defendant and Appellant.

Supreme Court of California.

August 2, 1976.

Attorney(s) appearing for the Case

COUNSEL

Rogers, Vizzard & Tallett and John H. Tallett for Defendant and Appellant.

Harry S. Fenton, John P. Horgan, William R. Edgar and Robert R. Buell as Amici Curiae on behalf of Defendant and Appellant.

Hanson, Bridgett, Marcus & Jenkins and William J. Bush for Plaintiffs and Respondents.

Fadem, Berger & McIntire and Michael M. Berger as Amici Curiae on behalf of Plaintiffs and Respondents.

OPINION

MOSK, J.

Plaintiffs Max and Harry Holtz recovered a judgment of $30,000 in an action for inverse condemnation against the Bay Area Rapid Transit District (BART). They alleged that excavations by BART of a sidewalk area adjacent to their property resulted in the withdrawal of lateral support from a building on the land, so that the foundation of the structure settled, causing cracks...

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