Foley Investments v. Alisal Water Corp.
Annotate this CaseFoley Investments, LP (Owner) asserted inverse condemnation and tort claims against Alisal Water Corporation dba Alco Water Service (Alco) after an Alco-owned water main that ran through a portion of Owner’s apartment complex repeatedly ruptured. In the first phase of a bifurcated bench trial, the court ruled against Owner on its inverse condemnation claim, finding the water main did not serve a “public use” for inverse condemnation purposes because Alco installed the main under a private contract with Owner’s predecessor for the sole benefit of the subject property. In the second phase, the court found the tort claims were barred by “fire protection” immunity because Alco constructed and maintained the main on the subject property in a particular way to meet the property’s particular fire protection needs. The court therefore entered judgment in Alco’s favor. On appeal, Owner contended the trial court erred by finding the water main did not serve a public use for purposes of the inverse condemnation claim, and by finding fire protection immunity barred the tort claims. Finding no reversible error, the Court of Appeal affirmed the trial court's judgment.
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