Odello Brothers v. County of Monterey

Opinion

ELIA, J.

Appellants sued the County of Monterey (County) for trespass and inverse condemnation, alleging that County was liable because County intentionally breached a levee and flooded appellants’ property. County moved for summary judgment and the trial court granted the motion. The trial court concluded that appellants’ inverse condemnation claim was barred under the emergency exception to the just compensation requirement. The trial court also determined that appellants’ trespass claim was barred because of the immunity afforded County.

On appeal, appellants argue that there are…