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CONTRA COSTA COUNTY v. PINOLE POINT PROPERTIES, LLC

No. A139091.

235 Cal.App.4th 914 (2015)

CONTRA COSTA COUNTY, Cross-complainant, Cross-defendant and Respondent, v. PINOLE POINT PROPERTIES, LLC, Cross-defendant, Cross-complainant and Appellant; BNSF RAILWAY COMPANY, Cross-defendant and Respondent.

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

April 3, 2015.

Attorney(s) appearing for the Case

Plageman, Lund & Cannon, Richard W. Lund and Shana Margolis Goldberg for Cross-defendant, Cross-complainant and Appellant.

Gordon, Watrous, Ryan, Langley, Bruno & Paltenghi, Dylan T. Radke ; Hill, Farrer & Burrill, Paul M. Porter ; McNamara, Ney, Beatty, Slattery, Borges & Ambacher and Timothy J. Ryan for Cross-complainant, Cross-defendant and Respondent and for Cross-defendant and Respondent.

OPINION

Contra Costa County (the County) owns and operates a drainage system on Lettia Road in the Montalvin Manor residential subdivision (Montalvin Manor). This drainage system connects to a drainage channel on adjacent property owned by Pinole Point Properties, LLC (Pinole Point). When the drainage channel is functioning...

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