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LOCKLIN v. CITY OF LAFAYETTE

Docket No. S030595.

7 Cal.4th 327 (1994)

867 P.2d 724

27 Cal. Rptr.2d 613

HARRY LOCKLIN et al., Plaintiffs and Appellants, v. CITY OF LAFAYETTE et al., Defendants and Respondents.

Supreme Court of California.

February 28, 1994.

Attorney(s) appearing for the Case

COUNSEL

Pillsbury & Wilson, Pillsbury, Wilson & Post, Pillsbury, Levinson & Mills, Philip L. Pillsbury, Jr., Goldstein & Goldstein, Burton J. Goldstein and David Collins for Plaintiffs and Appellants.

William M. Pfeiffer, Judith K. Herzberg and Megan C. Sheridan as Amici Curiae on behalf of Plaintiffs and Appellants.

Stoddard, Lepper, Falco & Schaefer, Abend, Lepper, Jacobson, Schaefer & Hughes, Gary M. Lepper, John H. Tallett, John Pound, James W. Rosenquist, Esther Low, Jospeh A. Montoya, William M. McMillan, Robert J. DeFea, Kenneth G. Nellis, Donald M. Velasco, Lucille Y. Baca, Daniel C. Murphy, Gordon, DeFraga, Watrous & Pezzaglia and Timothy J. Ryan for Defendants and Respondents.

McDonough, Holland & Allen, Mark A. Wasser, Michael V. Brady and James R. Ross as Amici Curiae on behalf of Defendants and Respondents.

OPINION

BAXTER, J.

Is a public entity liable in tort or inverse condemnation for damage to downstream riparian property caused by the discharge of surface waters into a natural watercourse abutting its property? The Court of Appeal held that there could be no liability.

We granted the petition of plaintiffs, owners of damaged properties, to consider whether the "natural watercourse...

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