Varjabedian v. City of Madera

Opinion

MOSK, J.

Defendant City of Madera appeals from a judgment awarding plaintiffs approximately $73,000 for damages caused by the city’s operation of a sewage treatment plant near plaintiffs’ property. Recoveiy was on a nuisance theory. Plaintiffs cross-appeal from a judgment on the pleadings for defendant on plaintiffs’ cause of action in inverse condemnation.

We conclude that the court erred in its instructions on the measure of nuisance damages, but the error was not prejudicial. Defendant’s other allegations of error are not meritorious, and thus the judgment on the nuisance theory must…