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Environmental Law
California Coastal Act
Lake Level

Smith, et al. v. Department of Fish & Game, et al.

Published: Apr. 14, 2012 | Result Date: Mar. 12, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 07-AS-01615 Settlement –  Mixed

Court

Sacramento Superior


Attorneys

Plaintiff

Kelly T. Smith
(The Smith Firm)


Defendant

Peter K. Southworth


Facts

Two property owners sued the California Department of Fish & Game and California Coastal Commission, claiming that various development restrictions and the management of a neighboring lagoon, called Lake Earl, prevented them from developing nine lots in an undeveloped subdivision north of Crescent City.

Result

The Department of Fish & Game and the California Coastal Commission prevailed on all claims that they were liable for restricting development. Plaintiffs prevailed on all claims that certain flooding had damaged their property and were awarded $114,500 for the damage to the nine lots.


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