TWO PART Discussion – U11. Pacific Shores Property Owners Association v. Sept. of Fish and Game (2016) 244 C.A. 4th 12
Pacific Shores Property Owners Association v. Sept. of Fish and Game (2016) 244 C.A. 4th 12
Water levels in a coastal lagoon were kept low by the county flood control. The Department of Fish and Wildlife (DFW) took control of the flood control process and allowed more water into the lagoon to protect environmental resources. This resulted in flooding situations in a subdivision. The homeowners sued for inverse condemnation. The DFW claimed they had no duty to provide flood protection.
- Do you agree? Explain your answer.