Legal Opinion

Smith v. State of California

California Court of Appeal

Decided July 28, 1975No. Civ. 44761PublishedCited by 24 opinions

1Opinion of the Court

Opinion

COMPTON, J.

This is an appeal from an order of dismissal following the sustaining of a demurrer without leave to amend a complaint for inverse condemnation and damages to property.

Plaintiffs allege in their complaint filed April 24, 1973, and in face of a demurrer we accept these allegations as true, that on July 21, 1966, the defendant through its highway commission adopted a proposed Route 64 freeway to be located generally between existing Route 1 near Malibu and Route 5. Maps published as part of the resolution of adoption of the route showed the freeway bisecting plaintiffs’…

2Cases cited8 opinions

  1. Friends of Mammoth v. Board of SupervisorsCalifornia Supreme Court · 1972
  2. Selby Realty Co. v. City of San BuenaventuraCalifornia Supreme Court · 1973
  3. Klopping v. City of WhittierCalifornia Supreme Court · 1972
  4. Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
  5. Hilltop Properties, Inc. v. StateCalifornia Court of Appeal · 1965

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3Cited by24 opinions

  1. Border Business Park, Inc. v. City of San DiegoCalifornia Court of Appeal · 2006
  2. Lone Star Industries, Inc. v. Secretary of the Kansas Department of TransportationSupreme Court of Kansas · 1983
  3. Toso v. City of Santa BarbaraCalifornia Court of Appeal · 1980
  4. Tilem v. City of Los AngelesCalifornia Court of Appeal · 1983
  5. Jones v. People Ex Rel. Department of TransportationCalifornia Supreme Court · 1978

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