Koll-Irvine Center Property Owners Ass'n v. County of Orange

Koll-Irvine Center Property Owners Association and individual owners of units in the center (Koll-Irvine) appeal from the judgment against them following the order sustaining the demurrers of the County of Orange and Snafuel, Inc., without leave to amend. Koll-Irvine claims it has properly pleaded causes of action for both public and private nuisance arising out of the location and operation of jet fuel storage tanks at John Wayne Airport. We find the allegations insufficient and affirm.

I

Koll-Irvine filed its original complaint against the county and Snafuel in November 1991 seeking damages and injunctive relief for public and private nuisance, strict liability, and negligent interference with prospective economic advantage. In response to the county’s motion to strike and dismiss the complaint, Koll-Irvine filed an amended complaint in January 1992. Demurrers were sustained, leading to the second amended complaint for public and private nuisance only. At the hearing on the demurrers to that complaint, file trial court found the allegations did not adequately plead any individual or private right different from the rest of the community; KollIrvine offered no basis…