Foley Investments v. Alisal Water Corp.

Filed 11/16/21; Certified for Publication 12/9/21 (order attached)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

FOLEY INVESTMENTS, L.P., D079045

Plaintiff and Appellant,

v. (Super. Ct. No. 17CV002074)

ALISAL WATER CORPORATION,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Monterey County, Susan J. Matcham and Marla O. Anderson, Judges. Affirmed. Noland, Hamerly, Etienne & Hoss and Michael Masuda for Plaintiff and Appellant. Law Offices of John A. Biard, Steven R. Myers and William P. Schneider for Defendant and Respondent. Foley Investments, LP (Owner) asserted inverse condemnation and tort claims against Alisal Water Corporation dba Alco Water Service (Alco) after an Alco-owned water main that runs through a portion of Owner’s apartment complex repeatedly ruptured. In the first phase of a bifurcated bench trial, the court ruled against Owner on its inverse condemnation claim. The court found the water main did not serve a “public use” for inverse condemnation purposes because Alco installed the main under a private contract with Owner’s predecessor for the sole benefit of the…