DiMartino

Introduction

The City of Orinda (City) appeals from a judgment of the Contra Costa County Superior Court, finding the City liable in inverse condemnation for the presence of a storm drainpipe under the residence of plaintiffs, husband and wife Robert B. DiMartino and Lise K. Tong. The City contends the evidence is insufficient to support findings that the City substantially participated in the construction, management or operation of the storm drainpipe or that it exercised dominion or control over the drainage pipe or that the pipe was part of a community-wide public drainage system.

Plaintiffs cross-appeal, arguing the court applied an erroneous measure of damages in awarding them the cost to relocate the pipe, rather than the asserted loss in market value of their property.

Facts and Procedural Background

On October 20, 1995, plaintiffs filed a complaint against the City seeking damages for negligence, trespass, nuisance and inverse condemnation. Trial proceeded only on the inverse condemnation cause of action. The matter was tried to the trial court and the following evidence was presented.

Plaintiffs own lot 37 within Tarabrook Unit No. 2 subdivision, as it…