Sneed

Sneed v. County of Riverside

Good Law
1963 Cal. App. LEXIS 1767·218 Cal. App. 2d 205·32 Cal. Rptr. 318
Court of Appeal of CaliforniaJuly 11, 1963Civ. 7054California1,993 words

Opinion

Opinion

Brown, J.

Plaintiff has appealed from a judgment of dismissal entered after demurrers were sustained to the first amended supplemental complaint without leave to amend.

The first amended supplemental complaint (hereinafter called complaint) seeks to establish a cause of action in inverse condemnation against defendant County of Riverside, with the proceeds of such action belonging to plaintiff and not to defendants James Minor and Jessie F. Minor (hereinafter called Minor).

The only question is whether the court erred in sustaining a demurrer to the complaint. For that purpose the allegations of the complaint must be accepted as true. (Gogerty v. Coachella Valley Jr. College Dist., 57 Cal.2d 727, 730 [ 21 Cal.Rptr. 806 , 371 P.2d 582 ].) We have concluded the complaint sets forth a cause of action.

In substance the complaint states that plaintiff owned 234% acres of improved real property adjacent to Ryan Airport which is owned, operated and maintained by Riverside County; pursuant to the authority given counties by Government Code sections 50485-50485.14, on February 10, 1958 the Riverside County Board of Supervisors adopted Ordinance No. 448, which was an “Ordinance of the County of…

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