Odello Brothers v. County of Monterey

Appellants sued the County of Monterey (County) for trespass and inverse condemnation, alleging that County was liable because County intentionally breached a levee and flooded appellants’ property. County moved for summary judgment and the trial court granted the motion. The trial court concluded that appellants’ inverse condemnation claim was barred under the emergency exception to the just compensation requirement. The trial court also determined that appellants’ trespass claim was barred because of the immunity afforded County.

On appeal, appellants argue that there are triable issues of fact regarding both the inverse condemnation and trespass claims. We conclude that triable issues exist with respect to the inverse condemnation claim but that there are no triable issues with respect to the trespass cause of action. Accordingly, we will reverse the trial court’s granting County’s motion for summary judgment and remand the matter for further proceedings consistent with this opinion.

Facts and Procedural Background

The Odello Coast Ranch (Ranch) is located directly south of the Carmel River. The boundaries of the Ranch extend east and west of State Route 1 (highway…