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BELLO v. ABA ENERGY CORP.

No. A102287.

16 Cal.Rptr.3d 818 (2004)

121 Cal.App.4th 301

Tony BELLO et al., Plaintiffs and Appellants, v. ABA ENERGY CORPORATION, Defendant and Appellant.

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

August 2, 2004.

Attorney(s) appearing for the Case

Bernheim, Gutierrez & McCready, William S. Bernheim, Dixon, for Plaintiffs and Appellants.

Downey Brand, Julie A. Carter, Tracy K. Hunckler, David A. Livingston, Sacramento, for Defendant and Appellant.

Jennifer Henning for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant.

Anderson & Poole, Edward G. Poole, San Francisco, Shannon M. Childs for California Natural Gas Producers Association as Amicus Curiae on behalf of Defendant and Appellant.

MARGULIES, J.

Plaintiffs own a parcel of land in rural Solano County bounded by a county road. The land underlying and immediately adjoining the road is subject to a public right-of-way. Defendant ABA Energy Corporation (ABA) is a private company that operates a natural gas field located near plaintiffs' parcel. After obtaining an appropriate permit from the county, but without notice to plaintiffs, ABA installed a...

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