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KENNETH MEBANE RANCHES v. SUPERIOR COURT

Docket No. F017043.

10 Cal.App.4th 276 (1992)

12 Cal. Rptr.2d 562

KENNETH MEBANE RANCHES, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, Real Party in Interest.

Court of Appeals of California, Fifth District.

October 14, 1992.

Attorney(s) appearing for the Case

COUNSEL

Seyfarth, Shaw, Fairweather & Geraldson, William J. Thomas, William M. Brown and William A. Anderson for Petitioner.

B.C. Barmann, County Counsel (Kern), Mark L. Nations, Deputy County Counsel, Seyfarth, Shaw, Fairweather & Geraldson, William J. Thomas, Nancy M. McDonough, Carolyn S. Richardson, McClintock, Weston, Benshoff, Rocherfort, Rubalcava & MacCuish, Gregory R. McClintock and Jane M. Feamster as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Baker, Manock & Jensen, Douglas B. Jensen, John L.B. Smith and Susan F. Coberly for Real Party in Interest.

OPINION

BEST, P.J.

In this case we consider whether real party in interest, the Fresno Metropolitan Flood Control District (the District), has statutory authority to take property outside its territorial boundaries by eminent domain to mitigate the environmental effects of a project constructed within its boundaries. We conclude, on the facts alleged, it does not and grant the petition for writ of prohibition.

STATEMENT OF...

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