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Second Appellate Court Justices--Steven Z. Perren, Kenneth R. Yegan and Arthur Gilbert Allowed

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Published on Feb 17, 2010

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.

Inverse Condemnation, California Supreme Court Constitution Appeal for the inverse condemnation in Oceano California by Caltrans, County of San Luis Obispo, Union Pacific Railroad and the Oceano Community Service District!




San Luis Obispo Superior Court Judge Martin J. Tangeman has allowed the County of San Luis Obispo to withhold evidence from discovery and trial. He States September 12, 2008 in a request for rehearing: "No further information was forthcoming and now the questionnaires are here I guarantee they are voluminous, I haven't even read through all of them." "But I think it's imcumbent to demonstrate to the court exactly which factual assertation and which witness would actually produce evidence which would result in a basis for a new trial."

The Second Appellate Court Justices--Steven Z. Perren, Kenneth R. Yegan and Arthur Gilbert State on P. 6 and 7 of their July 28, 2010 published California Case law Decision; ignoring documents from Brebes and Davis prior to State Highway 1 flooding--(Fountain Ave-Airpark Dr)! "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."

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