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CITY OF PORT HUENEME v. OXNARD HARBOR DIST.

44 Cal.Rptr.3d 857 (2006)

CITY OF PORT HUENEME, Plaintiff and Appellant, v. OXNARD HARBOR DISTRICT et al., Defendants and Respondents; Sue Vancamp, as Cotrustee, etc., et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Second District, Division Six.

June 22, 2006.

Attorney(s) appearing for the Case

Jenkins & Hogin, LLP, Mark Hensley, Christi Hogin, Erika R. Aklufi, Gregg Kovacevich for Plaintiff and Appellant City of Port Hueneme.

Schröeder Comis Nelson & Kahn, LLP, Anson M. Whitfield, Oxnard, for Defendants and Respondents Oxnard Harbor District and Board of Harbor Commissioners and Real Party in Interest and Respondent Ventura County Railway Company, LLC.

Ferguson, Case, Orr, Paterson & Cunningham, LLP, Robert B. England, Sandra M. Robertson, Ventura, for Real Parties in Interest and Respondents Sue Vancamp, Richard D. Spencer and Robert B. England.

COFFEE, J.

In this case of first impression, we hold that Harbors and Navigation Code section 6077.5 authorizes a harbor district to acquire a railroad without the prior consent of the city in which railroad land is located.1 The City of Port Hueneme (City) appeals from a judgment of dismissal after the trial court sustained the demurrers of the Oxnard Harbor District (Harbor District), the Ventura County Railway Company (Railway) and...

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