Oceano Community Service District Well # 8 January 13, 2007

The Oceano Community Service District dredging debris into the Oceano Community's Storm Water Drainage system that goes to our Pacific Ocean as seen at www.oceanonursery.com * Failure to act can trigger inverse condemnation liability.

A levee project failed during a heavy rainstorm, flooding plaintiffs' properties. Defendant counties' refusal to keep the channel clear, in clear violation of Army Corps of Engineers guidelines, caused the breach. Their inaction amounted to a deliberate policy because they had known about the flood hazard for over 20 years. Despite the danger, they allowed the channel to fill, in order to meet Fish and Game regulations. The court held for plaintiffs, explaining that, to support inverse condemnation liability, a plaintiff need only show that an "entity was aware of the risk posed by its public improvement and deliberately chose a course of action--or inaction--in the face of that known risk."

Arreola v. Monterey County (2002) __Cal.App.4th__ [2002 Cal. App. LEXIS 4319].

The California Second Appellate Court Justices--Steven Z. Perren Kenneth R. Yegan and Arthur Gilbert have Ruled the actions below are now Permanent and legal in California, per their Appellate Court Decision June 28, 2010! Each Justice is fully aware, that this flooding can be abated for only $43,295.00 Exhibit # 1790. They are aware of the OCSD daily use of this drainage system for well water discharge into the RR/POVE pond--mentiond on P. 2 and P. 6-Video P. 8 of their Appellate Court decision! They are aware of documents withheld by the County Of San Luis Obispo P. 6 and P. 7! (Prejudicial Error)

The Second Appellate Court Justices--Steven Z. Perren Kenneth R. Yegan and Arthur Gilbert put responsibility for this culvert as stated: "The court found that the Railroad may have been negligent by failing to enlarge the culvert or requiring that its tenant do so." OK--Why is OCSD Dredging Debris into this drainage channel?

Can the County of San Luis Obispo withhold evidence from Discovery?




County Of San Luis Obispo Health Department approved use of the Oceano Communities Storm Water Drainage system that creates wetlands on property once owned by Union Pacific Railroad

This use of this drainage system now cause's our State Highway 1 to flood and be closed every time we receive rain.

Judge Tangeman has stated regarding this Oceano Communities Well # 8 piped discharging daily into this storm water drainage system:

In the case of OCSD, the evidence largely consisted of the construction of the drainage outfall from Well No. 8 in the vicinity of the culvert. While there was evidence of substantial amounts of water being discharged from Well No. 8, there was an absence of evidence that such discharges occurred contemporaneously with heavy rains and flooding problems.

Category:

Education

Tags:

• Appellate Court
• Inverse Condemnation
• Supreme Court
• California Supreme Court
• Caltrans
• Kenneth R. Yegan
• Arthur Gilbert

[InverseCondemnation1]

The County of San Luis Obispo in their “Answer To Petition For Review” by Thomas L. Riordon, SBN 104827 shows the Supreme Court why the review was necessary as the County explains on P. 5 “The Oceano Community Service District (District) owns a water well. From time to time, the well discharges water into the drainage channel that leads to the culvert under the rail bed. (RT Vol. 5:1265-1266)”

[InverseCondemnation1]

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."