Allegretti & Co. v. County of Imperial

138 Cal. App. 4th 1261, 42 Cal. Rptr. 3d 122 (2006)

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Allegretti & Co. v. County of Imperial

California Court of Appeal
138 Cal. App. 4th 1261, 42 Cal. Rptr. 3d 122 (2006)

Facts

Allegretti & Co. (plaintiff) owned farmland in Imperial County, California (the county) (defendant), used primarily by a tenant. Several wells that pumped groundwater from underlying aquifers provided the water to irrigate the land. Allegretti sought a conditional use permit (CUP) from the county to redrill an existing but inoperable well to increase pumping capacity so that Allegretti could irrigate additional portions of the property that were not yet used for farming. The county granted the CUP but limited Allegretti’s total pumping rights as a condition. Allegretti rejected the limitation, claiming it would preclude Allegretti from maximizing the beneficial use of the water to service the property’s agricultural operations. Allegretti sued the county for inverse condemnation, claiming the county’s actions deprived Allegretti of its water rights, diminished the full economic beneficial use of the property, interfered with investment-backed expectations, and did not advance any legitimate government interest. The trial court rejected the claim, finding that Allegretti had failed to show that it could not utilize the property for its viable use or that the allowed groundwater under the CUP would be insufficient. Allegretti appealed to the California Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (O’Rourke, J.)

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