Legal Opinion

Fallen Leaf Protection Assn. v. State of California

California Court of Appeal

Decided April 3, 1975No. Civ. 14827PublishedCited by 6 opinions

1Opinion of the Court

Opinion

REGAN, J.

This is an appeal from a judgment of dismissal of plaintiffs’ cross-complaint for inverse condemnation after the trial court sustained the State’s demurrer without leave to amend.

Plaintiffs are the owners of private parcels of property surrounding Fallen Leaf Lake, which lies within the South Tahoe Public Utility assessment district and the Lake Tahoe watershed. The owners of these properties are disposing of waste through the use of cesspools and septic tanks, and are not placing their waste into a sewer system or holding tanks.

In 1969 the Legislature enacted sections 13950…

2Cases cited24 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  4. Hadacheck v. SebastianSupreme Court of the United States · 1915
  5. Serrano v. PriestCalifornia Supreme Court · 1971

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3Cited by6 opinions

  1. Best v. California Apprenticeship CouncilCalifornia Court of Appeal · 1987
  2. Tahoe-Sierra Preservation Council v. State Water Resources Control BoardCalifornia Court of Appeal · 1989
  3. Kucera v. LizzaCalifornia Court of Appeal · 1997
  4. Amusing Sandwich, Inc. v. City of Palm SpringsCalifornia Court of Appeal · 1985
  5. Citizens for Free Speech, LLC v. Cnty. of AlamedaDistrict Court, N.D. California · 2018

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