Youngsma

STATEMENT OF FACTS

Appellants sued the City for inverse condemnation and public nuisance. They contend the construction of a vehicle maintenance and repair facility on property near their homes, property which was previously used as an elementary school, caused them significant harm including loss of value to their homes and interference with the comfortable use and enjoyment of their properties. Appellants alleged in the second amended complaint the Cypress School District, a separate entity, “owns, runs, and exclusively controls, manages, and supervises” the property in question. In 2011, the District closed the elementary school located on the property. In 2018, the City and the District agreed to work on a “Facilities Maintenance Plan” aimed at improving various school sites. Sometime after this, a vehicle maintenance and repair facility was built on the property “without public hearings or approval of Cypress City Council or any other Cypress City agencies.” The City never approved or authorized the District to use the property as a vehicle maintenance and repair facility. Appellants requested the City review the District’s plans, but the City did not do so. As alleged, the…