Cal Trans November 26, 2008

Caltrans, shoveling contaminated storm water and debris into the Oceano community's storm water drainage channel 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)

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