Bookout

Plaintiff alleges damages because several defendants caused flooding on his property when it rained. We conclude, among other things, that the flooding allegedly caused by the public entities here does not constitute control or posession of the plaintiff’s property. Therefore the three-year statute of limitations applies.

We also conclude that the rules of causation are the same whether applied in inverse condemnation or tort.

Plaintiff brought this action against a number of public entities and a railroad claiming defendants caused his property to flood when it rained. The complaint alleged inverse condemnation and tort causes of action. The inverse condemnation cause of action was tried to the court. After plaintiff’s case, the trial court granted nonsuit based on the statute of limitations, failure to prove causation, and a determination that the railroad is not a public entity. Thereafter, defendants moved for judgment on the pleadings on the tort causes of action. The court granted the motion based on the trial court’s previous finding of lack of causation and the statute of limitations. We affirm.

FACTS

In 2000, William Bookout acquired a parcel of property in…