Hollister Park Inv. Co. v. Goleta Cty. Water Dist.

This action reaches us on an appeal from a judgment of dismissal after a demurrer was sustained without leave to amend. It raises a narrow issue of the right of a landowner denied access to the facilities of a water district to recover in inverse condemnation for the diminution in value of his property caused by lack of water. Determining that resolution of the issue is controlled by Selby Realty Co. v. City of San Buenaventura (1973) 10 Cal.3d 110 [ 109 Cal.Rptr. 799 , 514 P.2d 111 ] and Swanson v. Marin Mun. Water Dist. (1976) 56 Cal.App.3d 512 [ 128 Cal.Rptr. 485 ], we conclude that the landowner is not entitled to damages in inverse condemnation. Accordingly, we affirm the judgment of the trial court. Because the briefs and documents filed in the trial court indicate that the case at bench is but one of a great number of cases pending in the trial court involving the same issue, we publish our opinion so that it may be cited in the remaining cases. (See rule 977, Cal. Rules of Court.)

We treat as true for the purpose of this appeal all facts, pleaded in appellant landowner’s first amended complaint. We ignore allegations of conclusion of law, and where the…