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PROUT v. DEPARTMENT OF TRANSPORTATION

No. C076812.

31 Cal.App.5th 200 (2018)

LOREN PROUT, Plaintiff, Cross-defendant and Appellant, v. DEPARTMENT OF TRANSPORTATION, Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Third District.

As modified January 16, 2019.

Attorney(s) appearing for the Case

Law Offices of Kenneth M. Foley and Kenneth M. Foley for Plaintiff, Cross-defendant and Appellant.

Jeanne Scherer, Ardine N. Zazzeron, Daniel E. Muallem and Joseph P. Carroll for Defendant, Cross-complainant and Respondent.

OPINION

Loren Prout filed an inverse condemnation action, alleging Department of Transportation (Caltrans) violated the Fifth Amendment of the United States Constitution in 2010 by physically occupying without compensation a long, narrow strip of Prout's land fronting State Highway 12, to make highway improvements. The...

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