MOERMAN v. STATE

Docket No. A057389.

17 Cal.App.4th 452 (1993)

21 Cal. Rptr.2d 329

ROBIN R. MOERMAN, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

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

July 23, 1993.


Attorney(s) appearing for the Case

COUNSEL

Ronald A. Zumbrun, Robin L. Rivett, Brad W. Dacus and Jennifer M. Deming for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Walter E. Wunderlich, Assistant Attorney General, Charles W. Getz IV and Mary E. Hackenbracht, Deputy Attorneys General, for Defendants and Respondents.


OPINION

DOSSEE, J.

Plaintiff Robin R. Moerman alleged the state had damaged his property by relocating tule elk which were destroying his fences and eating the forage intended for his livestock. The trial court granted the state's motion for summary judgment. On appeal, Moerman contends the trial court erred, and that as a matter of law, there has been a taking of his property.

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