Contra Costa County v. Pinole Point Properties, LLC

Contra Costa County (the County) owns and operates a drainage system on Lettia Road in the Montalvin Manor residential subdivision (Montalvin Manor). This drainage system connects to a drainage channel on adjacent property owned by Pinole Point Properties, LLC (Pinole Point). When the drainage channel is functioning, its water flows into the San Pablo Bay (the Bay).

After experiencing storm-related flooding, homeowners on Lettia Road sued the County; the County cross-complained against Pinole Point for, among other things, nuisance and negligence. The County alleged that Pinole Point was responsible for the flooding by permitting the drainage channel to be blocked with debris and vegetation. Pinole Point filed a cross-complaint against the County, which included claims for negligence and inverse condemnation.

The County and Pinole Point settled with the homeowners and their claims against each other proceeded to a bench trial. The court, applying the reasonableness test set forth in Keys v. Romley (1966) 64 Cal.2d 396 [ 50 Cal.Rptr. 273 , 412 P.2d 529 ] (Keys) and Locklin v. City of Lafayette (1994) 7 Cal.4th 327 [ 27 Cal.Rptr.2d 613 , 867 P.2d 724 ] (Locklin), found in…