SFPP, L.P. v. Burlington Northern & Santa Fe Railway
California Court of Appeal
1Opinion of the Court
Opinion
DAWSON, J.
A railroad and a pipeline company had a dispute over whether a pipeline existing in the railroad’s right-of-way should be moved before the railroad built a second track in the right-of-way. The pipeline company refused to move the pipeline and filed a lawsuit to condemn a five-foot easement around the existing location of the pipeline. The parties agreed to employ a retired judge to decide the case as a referee pursuant to Code of Civil Procedure sections 638 and 644, subdivision (a). The referee filed a written statement of decision holding that the proposed easement was not…
2Cases cited21 opinions
- Crawford v. Southern Pacific Co.California Supreme Court · 1935
- Ghirardo v. AntonioliCalifornia Supreme Court · 1994
- In Re Marriage of ArceneauxCalifornia Supreme Court · 1990
- Day v. City of FontanaCalifornia Supreme Court · 2001
- Garcia v. McCutchenCalifornia Supreme Court · 1997
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