CITY OF OROVILLE v. SUPERIOR COURT

No. S243247.

7 Cal.5th 1091 (2019)

CITY OF OROVILLE, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY et al., Real Parties in Interest.

Supreme Court of California.

August 15, 2019.


Attorney(s) appearing for the Case

Peters, Habib, McKenna & Juhl-Rhodes, Mark A. Habib , Lia M. Juhl-Rhodes ; Colantuono, Highsmith & Whatley, Michael G. Colantuono , Jennifer L. Pancake ; Cota Cole & Huber, Cole Huber and Scott E. Huber for Petitioner.

Michael N. Feuer , City Attorney (Los Angeles), Blithe Smith Bock and Timothy McWilliams , Assistant City Attorneys, for League of California Cities, California Joint Powers Insurance Authority, Public Entity Risk Management Authority, California Special Districts Association, California Association of Joint Powers Authorities and California Sanitation Risk Management Authority as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Gibbons & Conley, A. Byrne Conley and Peter A. Urhausen for Real Party Interest California Joint Powers Risk Management Authority.

Berding Weil, Jordan M. Rojas and James O. Devereaux for Real Parties in Interest Timothy G. Wall, Sims W. Lowry and William A. Gilbert.

Meyers, Nave, Riback Silver & Wilson, John Bakker and Kenton L. Alm for California Association of Sanitation Agencies as Amicus Curiae on behalf of Petitioner and Real Party in Interest.


OPINION

A dental practice suffered damage when raw sewage began spewing from the toilets, sinks, and drains of its building. The resulting damage triggered the inverse condemnation claim—an action to recover damages for injuries to private property caused by a public improvement—at the heart of this...

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