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CITY OF CLOVERDALE v. DEPARTMENT OF TRANSPORTATION

No. A115570.

166 Cal.App.4th 488 (2008)

CITY OF CLOVERDALE, Cross-complainant and Appellant, v. DEPARTMENT OF TRANSPORTATION, Cross-defendant and Respondent.

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

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Lepper & Harrington and Gary M. Lepper for Cross-complainant and Appellant.

Bruce A. Behrens, David Gossage and Lucille Y. Baca for Cross-defendant and Respondent.

OPINION

MARCHIANO, P. J.

This lawsuit concerns a drainage channel constructed by the Department of Transportation (Department) when it rerouted Highway 101 to bypass the center of the City of Cloverdale (City). Nearby property owners (plaintiffs) sued the Department and the City for flooding caused by the drainage channel, and the City cross-complained against the Department for indemnity, damages, and declaratory relief. Plaintiffs settled...

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