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BROWN v. CITY OF FREMONT

Docket No. 39290.

75 Cal.App.3d 141 (1977)

142 Cal. Rptr. 46

ERNEST S. BROWN et al., Plaintiffs and Appellants, v. CITY OF FREMONT et al., Defendants and Respondents.

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

November 17, 1977.

Attorney(s) appearing for the Case

COUNSEL

Cox, Cummins & Lamphere and Paul O. Lamphere for Plaintiffs and Appellants.

Fulop, Rolston, Burns & McKittrick, Marvin G. Burns and Kenneth B. Bley as Amici Curiae on behalf of Plaintiffs and Appellants.

Allen E. Sprague, City Attorney, Theodore R. Bresler, Assistant City Attorney, Fred Caploe, Charles J. Williams and Williams & Caploe for Defendants and Respondents.

James P. Jackson, City Attorney (Sacramento), and Leliand J. Savage, Deputy City Attorney, as Amici Curiae on behalf of Defendants and Respondents.

OPINION

CALDECOTT, P.J.

Plaintiffs-appellants, Ernest S. Brown and Charlotte J. Brown (hereinafter referred to as Brown) are owners of land located within the territorial limits of defendant-respondent City of Fremont (city).1 The complaint alleged three causes of action in inverse condemnation. Respondents filed a motion for summary judgment on all three counts, which motion was granted and judgment entered...

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