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DIMARTINO v. CITY OF ORINDA

No. A085725.

95 Cal.Rptr.2d 16 (2000)

80 Cal.App.4th 329

Robert B. DIMARTINO et al., Plaintiffs and Appellants, v. CITY OF ORINDA, Defendant and Appellant.

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

As Modified April 26, 2000.

Review Denied June 14, 2000.

Attorney(s) appearing for the Case

Donald W. Curran, Oakland, for Plaintiffs and Appellants.

Gary Meredith Lepper, Lepper, Schaefer & Harrington, Walnut Creek, for Defendant and Appellant.

KLINE, P.J.

INTRODUCTION

The City of Orinda (City) appeals from a judgment of the Contra Costa County Superior Court, finding City liable in inverse condemnation for the presence of a storm drain pipe under the residence of plaintiffs, husband and wife Robert B. DiMartino and Lise K. Tong. City contends the evidence is insufficient to support findings that City substantially participated in the construction...

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