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CITY OF PORT HUENEME v. OXNARD HARBOR DIST.

No. B185725.

52 Cal.Rptr.3d 878 (2007)

146 Cal.App.4th 511

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

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

January 4, 2007.

Attorney(s) appearing for the Case

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

Schroeder 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 Ventura County Railway Company, LLC.

Ferguson, Case, Orr, Paterson & Cunningham, LLP, Robert B. England, Sandra M. Robertson, Ventura, for Real Parties in Interest Sue Vancamp, Richard D. Spencer and Robert B. England, Trustees of the Survivor's Trust and the Marital Trust, the Martin V. Smith and Martha K. Smith 1990 Family Trust.

OPINION ON REHEARING

COFFEE, J.

In this case of first impression, after granting a rehearing, we again 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. 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...

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