Tuesday, November 11, 2008

Blocked Storm Drain Lawsuit

Keep your drains clear and clean so that you can avoid a flood during a storm. This year in San Diego County a very interesting real property issue arose. The plaintiff Dr. Shamsii Liaghat owned property located at 1700 Torrey Pines Road in La Jolla, California. A very heavy rain storm occurred on February 23, 2005. The City of San Diego's storm drains were not adequately cleared of debris. Dr. Liaghat's property was flooded causing extensive damage due to the stopped up drains. Dr. Liaghat alleged inverse condemnation, dangerous condition, negligence, nuisance, and trespass. The city contended that it was immune from liability under Government Code Section 835 et seq. among other things. The city settled for $182,500.00.

Penney and Associates offices in Loomis handle all types of cases involving real property, easements, construction, inverse condemnation, among other things. Penney and Associates does not guarantee the outcome of any case similar to that one mentioned above.