San Gabriel Valley Water Co. v. City of Montebello

Prior Proceedings

Respondent and cross-appellant San Gabriel Valley Water Company (the Company) filed its action in Los Angeles Superior Court against appellants and cross-respondents City of Montebello and the Montebello Community Redevelopment Agency (jointly, the City) on May 15, 1974, seeking damages under Public Utilities Code sections 1503 and 1504 and for injunctive relief restraining the City from imposing certain conditions of approval for construction of new subdivisions within its confines. The injunctive relief sought was denied after hearing prior to the trial. Trial (1) as to the applicability of the sections and (2) as to damages was bifurcated by stipulation. The Company was awarded a judgment of $350,000 as just compensation for damage suffered as a result of the “taking” by the City of the Company’s property under sections 1503 and 1504 and the trial court having determined the action was one of inverse condemnation. The Company was also awarded its litigation expenses and attorney fees. The City appeals from the judgment against it; the Company cross-appeals claiming abuse of the trial court’s discretion in its award of litigation expenses and City’s…