DiMartino v. CITY OF ORINDA

Opinion

KLINE, P. J.

Introduction

The City of Orinda (City) appeals from a judgment of the Contra Costa County Superior Court, finding the City liable in inverse condemnation for the presence of a storm drainpipe under the residence of plaintiffs, husband and wife Robert B. DiMartino and Lise K. Tong. The City contends the evidence is insufficient to support findings that the City substantially participated in the construction, management or operation of the storm drainpipe or that it exercised dominion or control over the drainage pipe or that the pipe was part of a community-wide public…