Yox

Plaintiffs Norman and Juanita Yox appeal from the summary judgment in favor of defendant City of Whittier (City). Plaintiffs live on a private street in Whittier named Rideout Place. The private street and the lots upon which the homes of plaintiffs and their two uphill neighbors are located were created by a four-way lot split (LS 60-07) which was applied for by the then-owner of all the affected property. Plaintiffs filed a complaint against City for inverse condemnation (first cause of action) and their two uphill neighbors for nuisance (second cause of action), alleging that their property has been the subject of an unreasonable and excessive surcharge of the natural easement for runoff surface waters from the two lots above plaintiffs. Plaintiffs claimed their property was damaged because excess water runs down the private street and collects in front of their property.

City moved for summary judgment on the ground that it could not be held liable for the circumstances existing on Rideout Place because there is “no public work or improvement upon which to predicate public liability for inverse condemnation.” In support of its motion, City submitted the affidavit of…