Steenhuyse
v. City of Fullerton

 

 

 

 

 

 

 

Filed 1/29/07 
Steenhuyse v. City of Fullerton CA4/3

 

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

 

California
Rules of Court, rule 977(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 977(b).  This opinion has not been certified for
publication or ordered published for purposes of rule 977.

 

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

FOURTH APPELLATE DISTRICT

 

DIVISION THREE

 

 

MATTHEW VAN STEENHUYSE et al.,         Plaintiffs and Respondents,               v.   CITY OF FULLERTON,         Defendant and Appellant.

G035820            (Super. Ct. Nos. 03CC06769 &            03CC10880)            O P I N I O N

 

                        Appeal
from a judgment of the Superior
Court of Orange County, David A. Thompson, Judge.  Reversed with directions. 

                        Woodruff,
Spradlin & Smart, and M. Lois Bobak for Defendant and Appellant.

                        Harold
M. Stanley for Plaintiffs and Respondents.

 

 

 

 

 

                        The City of Fullerton (the
City) appeals from a judgment against it in this inverse condemnation action brought by Matthew
and Alison Van Steenhuyse after their residential property, located adjacent
to and at the bottom of a natural watercourse, suffered significant flooding
during a rainstorm.  The City contends the trial court failed to apply the
pertinent legal principles
set forth in Locklin v. City of Lafayette (1994) 7 Cal.4th 327
(Locklin), pertaining to public entity liability for discharge of runoff surface water into a natural
watercourse, and when properly applied,
those rules preclude a finding of inverse condemnation liability in this case. 
We agree and reverse the judgment with
directions to enter judgment in favor of the City.

I

FACTS

The
Properties and The Swale

                        The
Van Steenhuyses own a house (the â€