Vanni

Filed 10/30/14 Vanni v. Depart. Water Resources CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

ARMANDO P. VANNI, as Trustee, etc., et al., C072383

Plaintiffs and Appellants, (Super. Ct. Nos. CV025820,

CV026726, CV028072)

v.

DEPARTMENT OF WATER RESOURCES,

Defendant and Respondent.

On June 3, 2004, a levee on the Middle River in the California Delta failed, damaging farms and property of BNSF Railway Company (BNSF) and East Bay Municipal Utility District. Plaintiffs, area farmers, BNSF, and insurers, brought separate suits (later consolidated) for inverse condemnation against the Department of Water Resources (DWR), contending the operation of the California State Water Project (SWP) caused scour (erosion) which in turn…