Rutherford

Rutherford v. State of California

Good Law

188 Cal. App. 3d 1267·1987 Cal. App. LEXIS 1320·233 Cal. Rptr. 781

Court of Appeal of CaliforniaJanuary 9, 1987D003131California7,743 words

Opinion

Work, J.

E. C. Rutherford, S. P. Rutherford, and Julia Ann Reutter (R utherford) appeal a judgment in favor of the State of California, Resources Agency, Department of Fish and Game, and several individuals for injunctive and declaratory relief, inverse condemnation, violation of constitutional rights pursuant to 42 United States Code section 1983 and violation of rights guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution. Rutherford contends the trial court erred in finding Fish and Game Code section 1603 constitutional on its face and as applied; collateral estoppel did not apply; there was no federal or civil rights violation; and the officers were immune for their actions as there was no malice shown. We conclude these contentions are meritless and affirm the judgment.

Factual and Procedural Background

Rutherford owns approximately the north one-half of the San Felipe Valley, consisting of meadow and range land historically used for grazing cattle and farming. The specific area of this large parcel involved in this litigation is a meadow which is a natural watershed and water storage area; however, at no time during Rutherford’s ownership of…

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Parties

E. C. RUTHERFORD
Plaintiff
THE STATE OF CALIFORNIA
Defendant

Judges

Work

Cites (53)

17 Cal. 3d 575
64 Cal. App. 3d 482
91 Cal. App. 3d 156
180 Cal. App. 2d 760
85 Cal. App. 3d 785
147 Cal. App. Supp. 3d 23
139 Cal. App. 3d 171
19 Cal. 3d 338
407 U.S. 104
216 Cal. App. 2d 702
13 Cal. 2d 75
68 Cal. App. 3d 660
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176 Cal. App. 2d 1
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155 Cal. 1
99 P.2d 371
32 Cal. 3d 468
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173 Cal. App. 3d 713
58 Cal. 2d 601
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14 Cal. 3d 199
236 Cal. App. 2d 325
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57 Cal. 2d 749
472 A.2d 428
82 N.J. 245
66 Haw. 119
389 Mich. 333
131 Misc. 534
180 Cal. App. 2d 211
6 Cal. 3d 484
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142 Cal. App. 3d 964
381 F. Supp. 1163
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712 F.2d 1524
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457 F.2d 892
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514 F.2d 393
247 Cal. App. 2d 756
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158 Cal. App. 3d 1104