Naumann Law Firm Settles Landslide Case for $7,000,000
Facts Leading To Lawsuit
As a result of the City’s failure to properly maintain the slope, drainage swale/channel and sewer and water systems, the Plaintiffs have suffered serious physical damage and loss of value to their property and homes as well as severe emotional distress.
Plaintiff Contentions
The plaintiffs assert that the City of Carlsbad is obligated to maintain the slope between their properties and El Camino Real, along with the storm water systems, including a natural drainage channel. The city’s failure to enact a proper maintenance plan for these elements has led to significant damage to the plaintiffs’ properties, causing emotional distress and hindering their practical and economic use of the land. They argue that the city’s actions constitute a violation of their property rights under the California Constitution and the Fifth and Fourteenth Amendments of the United States and California Constitutions. Despite the purported public service provided by these systems, the plaintiffs claim they have unfairly borne the burden of the city’s failures, without compensation or compliance with eminent domain laws. They argue that the city’s conduct amounts to a compensable taking, causing ongoing damages and injuries, which the city’s actions will continue to exacerbate.
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