Mancino

In an action for “Trespass and Inverse Condemnation” against Santa Clara County Flood Control and Water District (District) and others, plaintiff Melina Mancino appeals from a judgment, based on a jury verdict, in her favor and against the District. Judgment was entered in favor of the remaining defendants who are not parties to this appeal.

The subject of the action was the construction by the District, through a contractor, of a storm drainage system which, in part, ran along Emory Street in the City of San Jose (City). Its construction and operation by the District had been expressly authorized by the City. In front of plaintiff’s home and below the surface of Emory Street the District built a concrete “control box” with approximate dimensions of 35 feet by 25 feet by 20 feet. Entering and exiting from the control box is a pipeline approximately 66 inches in diameter. On the street, between the curb and the cement sidewalk of plaintiff’s home, an “entryway” to the control box was erected. This concrete structure is approximately 4 feet by 10 feet in size, and stands approximately 18 inches above ground level. On its top is a horizontal door opening to stairs leading downward…