Legal Opinion

Red Mountain, LLC v. Fallbrook Public Utility District

California Court of Appeal

Decided September 25, 2006No. D044546PublishedCited by 32 opinions

Best, Best & Krieger, Bruce W. Beach, Shawn Hagerty; Sachse, James & Lopardo and Stephen V. Lopardo for Defendant and Appellant.

1Opinion of the Court

Opinion

AARON, J.

Red Mountain, LLC (Red Mountain), owns undeveloped land adjacent to a drinking water reservoir (the reservoir) and surrounding property owned by Fallbrook Public Utilities District (Fallbrook). Red Mountain sued Fallbrook for breach of contract, specific performance, and inverse condemnation based on Fallbrook’s refusal to perform a written agreement to convey to Red Mountain a 60-foot easement for ingress and egress (the access easement) across Fallbrook’s property. Fallbrook filed a cross-complaint to quiet title and for declaratory and injunctive relief, in which it alleged…

2Cases cited47 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  3. Soule v. General Motors Corp.California Supreme Court · 1994
  4. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  5. Cassim v. Allstate InsuranceCalifornia Supreme Court · 2004

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3Cited by32 opinions

  1. Wolf v. Walt Disney Pictures and TelevisionCalifornia Court of Appeal · 2008
  2. Schmidt v. Bank of America, N.A.California Court of Appeal · 2014
  3. Filbin v. FitzgeraldCalifornia Court of Appeal · 2012
  4. Lockaway Storage v. County of AlamedaCalifornia Court of Appeal · 2013
  5. California State University, Fresno Ass'n v. County of FresnoCalifornia Court of Appeal · 2017

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

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