Valenta

Valenta v. County of Los Angeles

Bad Law
1964 Cal. LEXIS 246·39 Cal. Rptr. 909·61 Cal. 2d 669·394 P.2d 725
Supreme Court of CaliforniaAugust 20, 1964L. A. No. 27655California1,252 words

Opinion

concurrence Opinion

Traynor, J.

Although I adhere to the views set forth in my dissenting opinion in Bacich v. Board of Control, 23 Cal.2d 343, 366-380 [ 144 P.2d 818 ], that ease is the law of this state until it is overruled. I therefore concur in the judgment herein under the compulsion of the Bacich case.

Respondents’ petition for a rehearing was denied September 18, 1964.

lead Opinion

Tobriner, J.

This case involves a claim of inverse condemnation for damages to plaintiffs’ property resulting from a cul-de-sac. Although plaintiffs’ property lies in an unincorporated, rather than incorporated, area, we explain why we have concluded that the principle of substantial impairment of access, as expressed in Breidert v. Southern Pac. Co. (1964) ante, p. 659 [ 39 Cal.Rptr. 903 , 394 P.2d 719 ], which there applies to an incorporated area, is equally applicable here.

Plaintiffs are the owners of one-half of a quarter section of land in the small rural community of Vincent, an unincorporated area of Los Angeles County. Plaintiffs’ property is bordered on the west by Sierra Highway and on the east by the right-of-way of the Southern Pacific Railroad. Sierra Highway and the railroad right-of-way run in a general northerly-southerly direction and are approximately 600 feet apart. Angeles Forest Highway, a county road, has its westerly terminus at Sierra Highway in the Town of Vincent, where it intersects, but does not cross, Sierra Highway. From here Angeles Forest runs in a southeast direction, through plaintiffs’ land and across the railroad right-of-way, to Angeles Crest Highway,…

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