Legal Opinion

Los Osos Valley Associates v. City of San Luis Obispo

California Court of Appeal

Decided December 20, 1994No. B077802PublishedCited by 8 opinions

1Opinion of the Court

Opinion

GILBERT, J.

During a drought condition, a city supplies its citizens with water it draws from the ground. The groundwater pumping causes subsidence resulting in damage to buildings.

Here we hold the city is liable in inverse condemnation to the owner of the buildings.

We affirm the judgment of the trial court that appellant, the City of San Luis Obispo (the City), is liable in inverse condemnation for physical damage to the buildings of respondent, Los Osos Valley Associates (LOVA).

Facts

In 1985, the City implemented an annual water plan because the amount of water the citizens used each…

2Cases cited22 opinions

  1. Rose v. State of CaliforniaCalifornia Supreme Court · 1942
  2. Albers v. County of Los AngelesCalifornia Supreme Court · 1965
  3. National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983
  4. Peabody v. City of VallejoCalifornia Supreme Court · 1935
  5. Gin S. Chow v. City of Santa BarbaraCalifornia Supreme Court · 1933

17 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Jordan v. City of Santa BarbaraCalifornia Court of Appeal · 1996
  2. Marshall v. Pasadena Unified School DistrictCalifornia Court of Appeal · 2004
  3. Bunch v. Coachella Valley Water DistrictCalifornia Supreme Court · 1997
  4. Odello Brothers v. County of MontereyCalifornia Court of Appeal · 1998
  5. Massingill v. Department of Food & AgricultureCalifornia Court of Appeal · 2002

3 more not listed; retrieve them via the Exa API.

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