Smith v. County of San Diego

Plaintiffs appeal from a judgment entered after the sustaining of a demurrer to their second amended complaint without leave to amend.

The second amended complaint (referred to herein as complaint) is entitled “For Injury to Real Property” “ (Inverse Condemnation).” It alleged the following: Plaintiffs acquired a parcel of land (referred to herein as parcel 2) in 1962, a part of which was subject to an easement granted to the State of California on May 12, 1941, for highway purposes. (The property purchased was said to be described in exhibit A, and the property subject to the easement…