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MONTARA WATER AND SANITARY DIST. v. COUNTY OF SAN MATEO

Case No. C 08-2814 JF (RS).

598 F.Supp.2d 1070 (2009)

MONTARA WATER AND SANITARY DISTRICT, Plaintiff, v. COUNTY OF SAN MATEO, a political subdivision of the State of California, Defendant. The United States of America, Intervenor.

United States District Court, N.D. California, San Jose Division.

February 26, 2009.

Attorney(s) appearing for the Case

Christine Carin Fitzgerald, Herman H. Fitzgerald, Law Offices of Herman H. Fitzgerald, a Professional Corporation, Burlingame, CA, David E. Schricker, Law Offices of David E. Schricker, Cupertino, CA, for Plaintiff.

Thomas F. Casey, III, David A. Levy, Glenn Michael Levy, San Mateo County, County Counsel, Redwood City, CA, for Defendant.

Charles Michael O'Connor, United States Attorney's Office, Northern District of California, San Francisco, CA, for Intervenor.

ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

JEREMY FOGEL, District Judge.

This action arises from a dispute over the ownership of three water wells located on the property of the Half Moon Bay Airport, a public facility owned since 1948 by the County of San Mateo, California ("the County"). Plaintiff Montara Water and Sanitary District ("Montara") seeks to take the wells by eminent domain. The United States, acting through the Federal Aviation Administration...

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