Department of Fish & Game v. Superior Court

Good Law
129 Cal. Rptr. 3d 719·197 Cal. App. 4th 1323·2011 Cal. App. LEXIS 997·41 Envtl. L. Rep. (Envtl. Law Inst.) 20257
Court of Appeal of CaliforniaAugust 2, 2011No. C066158California15,212 words

Opinion

Lead Opinion

Hull, J.

In this mandamus proceeding, petitioners-defendants seek to overturn a decision of the Superior Court of Plumas County certifying the underlying dispute as a class action. Real parties in interest-plaintiffs are various real property or business owners or operators and the City of Portola, all of whom are located near Lake Davis in Plumas County. (For purposes of clarity, petitioners shall be referred to as defendants and real parties in interest shall be referred to as plaintiffs.) They claim to have been harmed by efforts of the Department of Fish and Game (DFG) in 2007 to eradicate an invasive species of fish, the northern pike, from the lake and its tributaries in order to preserve tourism in the area and to prevent migration of the fish to other bodies of water.

Plaintiffs allege defendants’ efforts created a decline in tourism that adversely affected business income, property values and tax receipts for the period leading up to and following the eradication effort. They assert claims for public nuisance, negligence, inverse condemnation, various types of business interference, strict liability, and equal protection.

Resolution of the class certification issue…

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