Legal Opinion

State Ex Rel. Department of Water Resources v. Superior Court

California Court of Appeal

Decided October 18, 1962No. Civ. 10559PublishedCited by 12 opinions

1Opinion of the CourtSchottky, J.

This is a petition by the State of California to compel the superior court to make an order granting the state immediate possession of certain lands which contain dredger tailings owned by the real party in interest, Natomas Company.

The superior court refused to issue its order granting immediate possession of the lands in question because the superior court was of the opinion that the lands are not lands to be used for reservoir purposes within the meaning of article I, section 14, of the Constitution.

Mandamus is the proper remedy to secure an order of immediate possession where the superior…

2Cases cited7 opinions

  1. City of Los Angeles v. HughesCalifornia Supreme Court · 1927
  2. Cypress Lawn Cemetery Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1931
  3. City & County of San Francisco v. County of San MateoCalifornia Supreme Court · 1941
  4. Conway v. FabianMontana Supreme Court · 1939
  5. Manson v. DaytonCourt of Appeals for the Eighth Circuit · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Thompson v. Occidental Life InsuranceCalifornia Supreme Court · 1973
  2. Flood v. RiggsCalifornia Court of Appeal · 1978
  3. Miro v. Superior CourtCalifornia Court of Appeal · 1970
  4. Aguirre v. Southern Pacific Co.California Court of Appeal · 1965
  5. Creighton v. City of Santa MonicaCalifornia Court of Appeal · 1984

7 more not listed; retrieve them via the Exa API.

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