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Real Property
Inverse Condemnation
Mudslide Damage

Richard Vann, Nancie Vann v. City of San Diego

Published: Mar. 20, 2010 | Result Date: Jun. 23, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 200700077983CUPOCTL Settlement –  $217,404

Court

San Diego Superior


Attorneys

Plaintiff

Darren J. Quinn
(Law Office of Darren J. Quinn)


Defendant

Carmen A. Brock
(Colantuono, Highsmith & Whatley)

Michael J. Aguirre
(Aguirre & Severson LLP)

Christine M. Fitzgerald


Facts

In February 2005, the city of San Diego received a chain of abnormally intense rains. On May 17, the city council authorized a maximum of $650,000 for repairs to damaged property, including a home located at 2751 Caminito Prado in La Jolla, which was owned by Richard and Nancie Vann. The damage to the home was alleged to have occurred due to a mudslide caused by a burst city storm drain. The repairs for the broken storm drain itself were paid for by the city in 2005. On July 24, 2006, the city council authorized the payment of a maximum of $980,118 for rebuilding expenses and damages related to the affected area, which included a number of properties. The total cost of repairs was $874,856. In June 2007, the Vanns and other property owners contracted to repair the hillside slope that was damaged by the mudslide. After paying 19.74 percent of the expenses, the Vanns sued the city on an inverse condemnation claim.

Result

The parties settled.

Other Information

FILING DATE: Oct. 15, 2007.


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