Marin v. City of San Rafael

Opinion

ELKINGTON, J.

In an action against the City of San Rafael (City) seeking damages for inverse condemnation the superior court, sitting without a jury, entered judgment against plaintiffs Reese and Katherine Marin who have appealed from the judgment.

The following of the trial’s evidence was substantially uncontroverted.

A hillside within the City sloping generally from east to west at one time had a small seasonal natural watercourse running downward upon it. Many years ago the City constructed, or at least accepted, Jewell Street which crossed the hillside and watercourse from north to…