Neighbor Sues over Drainage

STORM PIPE LITIGATION

Laguna Terrace Park LLC v. Cummins, Orange County Superior Court docket #04CC10304


The court records showed that Laguna Terrace Park was a mobile home park located on the South Coast Highway in Laguna Beach, California. Plaintiff purchased the property from defendant in 1997. Prior to the purchase the defendant (which was a trust) purchased and installed a twelve inch drain pipe through the property. The drain pipe was installed in the property located above the trailer park and terminated just over a retaining wall above one of the trailer park’s streets. Plaintiff contended that excessive storm water and sediment spewed out from the pipe causing a serious hazard. Plaintiff contended that the water and sediment also constituted a nuisance and trespassed over plaintiff’s property.
The defendants contended that they sold the property “As Is” and that plaintiff was fully aware of the drainage issue.
On April 2, 2008, the jury awarded $747,500 to the plaintiff.

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