Recent Wins

Court of Appeal affirms dismissal of nuisance and inverse condemnation claims against GMSR’s water district client.

Homeowners sued GMSR’s client, the Metropolitan Water District (MWD), as well as other water districts, for nuisance and inverse condemnation, asserting that water provided by MWD to their homes contained disinfectants that caused pinhole leaks in their plumbing. In a published opinion, the Court of Appeal affirmed judgment for the MWD, agreeing with GMSR’s argument that the MWD’s compliance with state and federal standards governing disinfectants in drinking water barred any claim for nuisance because the MWD’s conduct was authorized by regulation. It also agreed that the homeowners could not pursue an inverse condemnation claim, because the MWD’s conduct did not disproportionally impact their property, and in any event, the receipt of drinking water was not a public use.

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