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RED MOUNTAIN v. FALLBROOK PUD

No. D044546.

48 Cal.Rptr.3d 875 (2006)

143 Cal.App.4th 333

RED MOUNTAIN, LLC., Plaintiff, Cross-defendant and Respondent, v. FALLBROOK PUBLIC UTILITY DISTRICT, Defendant, Cross-complainant and Appellant. Fallbrook Public Utility District, Plaintiff and Appellant. v. Red Mountain, LLC., Defendant and Respondent.

Court of Appeal of California, Fourth District, Division One.

September 25, 2006.

Attorney(s) appearing for the Case

Asaro, Keagy, Freeland & McKinley, Richard R. Freeland, Steven A. McKinley and Charles F. Campbell, Jr., San Diego, for Plaintiff and Respondent.

Best, Best & Krieger, Bruce W. Beach, Shawn Hagerty, San Diego, Sachse, James & Lopardo and Stephen V. Lopardo, Fallbrook, for Defendant and Appellant.

OPINION ON REHEARING

AARON, J.

Red Mountain, LLC., (Red Mountain) owns undeveloped land adjacent to a drinking water reservoir (the reservoir) and surrounding property owned by Fallbrook Public Utilities District (Fallbrook). Red Mountain sued Fallbrook for breach of contract, specific performance, and inverse condemnation based on Fallbrook's refusal to perform a written agreement to convey to Red Mountain a 60-foot easement for ingress and egress (the...

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