Superior Court Judge Teresa Estrada-Mullaney in her February 2, 2009 Judgment Decision "Notice of Judgment" States:
"Judge Tangeman determined the flooding problem was "static" for several years prior to Plaintiff's purchase of his property. Plaintiff contends the flooding is continuous and can be abated. Plaintiff argues Defendants negligent maintenance of the drainage system increases the frequency and severity of the flooding. That is inconsistent with Judge Tangeman's determination that the primary culprit was POVE's improvements, rather than negligent maintenance of the drainage system. There was no showing that Union's operation of Well No. 8 contributed to the blockage. There was no showing of the County's responsibility for maintaining the drainage channel. There was no evidence that any accumulated debris in State's right of way contributed to the problems in the operation of the drainage system. County, State, Union or OCSD could not have abated the nuisance by undertaking any maintenance."
The Caltrans Supervisor mentioned by the Court explained Caltrans grading of debris into Storm Water Drainage channels as seen in Caltrans Testimony at trial on page 916-917 of the San Luis Obispo Court Reporters Transcripts.
Question. Mr. Fry, Exhibit # 1475 on the screen there is the same as Exhibit 11 in your deposition transcript. Can you describe for me the materials that you see here on Highway 1?
Answer. I see Dirt, Water, Eucalyptus Leaves and Seed Pods from the Eucalyptus.
Question. Now in your practice as a Maintenance Supervisor and as a lead worker, has it consistently been your practice to somehow, I guess, blade this material to the side of the road?
Answer. YES. When When it gets in this condition, we come down with a plow truck and we plow it back off the road. Sometimes we plow it to the gutter and come back later and pick it up. Sometimes we plow it behind the curb and either roll it in with the truck or leave it behind, just leave it behind the curb where it came from.
Question. Mr. Fry, Exhibit # 1475 on the screen there is the same as Exhibit 11 in your deposition transcript. Can you describe for me the materials that you see here on Highway 1? Answer. I see Dirt, Water, Eucalyptus Leaves and Seed Pods from the Eucalyptus. Question. Now in your practice as a Maintenance Supervisor and as a lead worker, has it consistently been your practice to somehow, I guess, blade this material to the side of the road?
Answer. YES.
InverseCondemnation1 1 year ago
The California Supreme Court ignores the evidence that the County of San Luis Obispo withheld from discovery showing "No Date Of Stabilization" The Court Stated: Bookout argues the trial court erred in receiving documentary evidence that was not produced during discovery. The document is a county drainage study questionnaire returned by Bookout in July 2002. Bookout stated on the questionnaire that the area floods one foot or more once a year and that the flooding has damaged his inventory."
InverseCondemnation1 1 year ago
Why would the State of California want to flood this State Highway?
InverseCondemnation1 1 year ago