Mendoyoma, Inc. v. County of Mendocino

Good Law
1970 Cal. App. LEXIS 2102·8 Cal. App. 3d 873·87 Cal. Rptr. 740
Court of Appeal of CaliforniaJune 17, 1970Civ. 25848California2,813 words

Opinion

Opinion

Caldecott, J.

Appellants, Mendoyoma, Inc., a corporation, and M. E. Dibble, filed a complaint for money and an injunction against respondent, County of Mendocino, alleging that the county breached a concession agreement entered into between Mendoyoma and the county. Following a trial without a jury judgment was entered awarding Mendoyoma damages of $82,844.57, less $6,237.43 for taxes due from Mendoyoma to the county on the latter’s counterclaim. Dibble was denied any recovery from the county.

Mendoyoma, Inc. appeals from the judgment. The county did not appeal, and Dibble’s appeal has heretofore been dismissed by stipulation.

The essential facts are not in dispute. The County of Mendocino (hereafter County) entered into a license agreement with the United States of America, through the Secretary of the Army, whereby County became the licensee of the right to use and occupy for public park1 and recreation purposes from July 1, 1959 until June 30, 1984, certain lands belonging to the United States under the.jurisdiction of the Department of the Army, situated in Mendocino County, and known as the Russian River Reservoir Area.

Subsequently, County entered into a written concession…

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