City of Anaheim v. METRO. WATER DIST. OF S. CAL.

This is an appeal from a judgment granting declaratory relief and money judgment. A dispute arose between appellant and respondent concerning liability for the costs of relocating respondent’s pipelines in two distinct areas. The pipeline relocation became necessary when appellant constructed an undercrossing for Lewis Street under the Atchison-Topeka and Santa Fe Railway right of way. The two disputed areas include (1) the portion of Lewis Street extending from the railway right of way south to Cerritos Avenue and (2) the actual undercrossing on the railway right of way.

Appellant and respondent entered into a status quo agreement when the controversy first arose and the construction proceeded. The cost of the pipeline relocation is agreed to be $81,800.84 which was incurred by appellant.

The matter was submitted to the trial court on an agreement as to issues and stipulation as to facts supplemented by briefs and letter argument. The agreed upon ultimate issue was the priority of claims within the two disputed areas. While the trial court received some argument based on an implied obligation because of subsequent acts (the respondent obtaining an alleged excavation…