Pacific Shores Property Owners Ass'n v. Department of Fish & Wildlife

Opinion

NICHOLSON, Acting P. J.

In this inverse condemnation action, we face a unique situation where a state agency assumes control of a local flood control process, and it determines to provide less flood protection than historically provided by a local agency in order to protect environmental resources. We affirm the trial court’s judgment finding the state agency liable in inverse condemnation for a physical taking of plaintiffs’ properties, and not liable for a regulatory taking. We reverse the judgment to the extent the court found another state permitting agency liable in inverse…