Goebel

Goebel v. City of Santa Barbara

Good Law
111 Cal. Rptr. 2d 901·2001 Cal. App. LEXIS 755·2001 Daily Journal DAR 10365·92 Cal. App. 4th 549·2001 Cal. Daily Op. Serv. 8432
Court of Appeal of CaliforniaSeptember 25, 2001B140899California3,716 words

Opinion

Opinion

Plaintiffs and appellants George and Carol Goebel own real property that has been condemned due to landslide conditions which began in February of 1998 during the El Niño rainstorms. The Goebels sued defendant and respondent City of Santa Barbara (the City) on the theory that a break in one of its water mains damaged their property and caused the landslide that led to the condemnation of their home. They appeal from a judgment entered in favor of the City on their claims of inverse condemnation, nuisance and the maintenance of a dangerous condition on public property. We affirm.

Facts and Procedural History

The Goebels purchased the home at 475 Ranchito Vista Road in 1988. The property is located at the bottom of Sycamore Canyon near Sycamore Creek in the lower portion of a watershed. The hillside on which the property sits is composed of ancient landslide debris.

The City maintains a 12-inch diameter cast iron water main under Ranchito Vista Road, uphill of the Goebels’ property. The main line was installed in 1956, and there were breaks in the line near the Goebels’ property in 1973, 1990 and 1995. The latter two breaks were attributed to possible ground…

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