California Supreme Court Watch

#25-110 Town of Apple Valley v. Apple Valley Ranchos Water, S289391. (E078348; 108 Cal.App.5th 62, mod. 108 Cal.App.5th 666c; San Bernardino County Superior Court; CIVDS1600180.) Petition for review after the Court of Appeal reversed the judgment in a civil action and remanded for further proceedings. The court limited review to the following issue: When a public entity files an eminent domain action seeking to take privately held public utility property, and the owner objects to the right to take, what is the proper standard of judicial review for the trial court to apply to determine whether the property owner has rebutted the presumptions under Code of Civil Procedure sections 1245.250, subdivision (b) and 1240.650, subdivision (c)?

Petition for review granted; issues limited: 4/23/2025

Opening brief on the merits filed: 7/03/2025

Answer brief on the merits filed: 9/18/2025

See the Court of Appeal Opinion.

See the Petition for Review.

See the Answer to Petition for Review (filed by Greines, Martin, Stein, & Richland LLP)

See the Reply in support of Petition for Review.

In the news: Ray De La Cruz, Water war: Court rules in favor of Town of Apple Valley versus Liberty Utilities, Victorville Daily Press (Jan. 16, 2025).