Jamison v. Department of Transportation

Opinion

NICHOLSON, Acting P. J.

The trial court enjoined the state Department of Transportation (Caltrans) from removing an obstruction plaintiff William O. Jamison placed against a ditch culvert within a state highway right-of-way without an encroachment permit. The trial court erred in granting the injunction, as no evidence supported an exception to the statutory bar prohibiting injunctions that prevent the execution of a public statute by public officers for public purposes. We reverse.

FACTS

Plaintiff owns large parcels of land near Sierraville in Sierra County. This land is commonly…