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ELLENA v. STATE OF CALIFORNIA

Docket No. 17150.

69 Cal.App.3d 245 (1977)

138 Cal. Rptr. 110

JOHN B. ELLENA, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

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

April 22, 1977.

Attorney(s) appearing for the Case

COUNSEL

Goldstein, Barceloux & Goldstein, P.M. Barceloux, Burton J. Goldstein, Ralph Golub, Keith S. Humphreys, Ronald E. Stewart, Thomas A. Seaton, Jefferson E. Peyser and M. Reed Hunter for Plaintiff and Appellant.

Harry S. Fenton, Joseph A. Montoya, Robert L. Meyer, Robert W. Vidor and Jack M. Miller for Defendant and Respondent.

OPINION

TAMURA, J.

By a 1967 stipulated judgment in condemnation, the State of California acquired parcels of land across plaintiff's property for the construction of a segment of a freeway. During a prolonged 1969 rainstorm, plaintiff's property suffered considerable flood damage; the freeway fill acted as a dam and the accumulated surface waters discharged through the freeway drainage system outletting on plaintiff's remaining property...

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