Lodi
East Bay Municipal Utility District v. City of Lodi
Opinion
Lead Opinion
Plummer, J.
While a rehearing was granted in this cause for the purpose of re-examining the question of damages, owing to the fact that some corrections should be made in the opinion heretofore filed herein, we think it is more convenient to discard our first opinion entirely and restate our views in full, following the general statement heretofore made in this cause.
The plaintiff had judgment in an eminent domain proceeding condemning the riparian rights of the defendants in and to the waters of the Mokelumne River, in so far as said rights pertain to the lands and premises described in the plaintiff’s complaint. From this judgment the defendants appeal.
The lands and premises involved comprise about 207 acres situate along the Mokelumne River in Amador and Calaveras Counties, are unsuitable for agricultural purposes, are mostly rocky and barren and are susceptible of being used for grazing purposes only to a limited extent. The lands and premises belonging to the defendants are divided by certain lands and premises belonging to the United States, reserved from entry except for power purposes, and also a certain tract of land belonging to a private owner.