Crane-McNab

MEMORANDUM OF DECISION

This action involves land owned by plaintiffs, which they allege has been contaminated by a neighboring landfill operated by the Merced County (“County”). The court held a four-day bench trial, lasting from January 24, 2011, to January 27, 2011. This memorandum constitutes the court’s findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a).

I. Factual and Procedural History

Plaintiffs own approximately 4500 acres of land (“Crane property”) in Merced County to the west of Highway 59. Highway 59 is part of a Caltrans right of way that is approximately 120 to 150 feet wide. To the east of the right of way is a landfill owned by the Merced County Regional Waste Management Authority and operated by the County. Most of plaintiffs’ claims relate to six lots directly to the west of Highway 59 that are allegedly affected by the landfill. Other claims relate to portions of the Crane property further to the west, surrounding Canal Creek and Edendale Creek. Cattle grazing is the highest and best use of the Crane property. Permanent crops or buildings are not permitted on most, if not all, of the landfill-related lots. For the past…