INVERSE CONDEMNATION - CALIFORNIA

Sierra Palms Homeowners Association v. Metro Gold Line Foothill Extension Construction Authority

Court of Appeal, Second District, Division 7, California - January 29, 2018 - Cal.Rptr.3d - 2018 WL 580250 - 18 Cal. Daily Op. Serv. 1021

Condominium homeowners’ association brought action alleging inverse condemnation and other torts against municipal transit authority and private contractor, arising from construction and maintenance of metro railway.

The Superior Court sustained demurrers and struck remainder of complaint. Association appealed.

The Court of Appeal held that condominium homeowners’ association had standing, pursuant to statute allowing such associations to bring certain actions on behalf of owners of fractional property interests in common areas, to bring inverse condemnation action against municipal transit authority for alleged damage to common boundary wall.



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