Di Bacco v. State

This is a cross motion, filed March 13, 1968, for permission for late filing of a claim pursuant to the Court of Claims Act (§ 10, subd. 5). Briefly, the facts as submitted to the court in claimants’ application are that the State entered upon claimants’ property without permission to make borings during the early portion of the summer of 1966 and that during the course of such work many pepper plants were directly destroyed while others suffered damage which resulted in the harvesting of a reduced crop in the fall of 1966.

Thus, the claim is one in tort to which the 90-day filing requirement…