Keys v. Romley

412 P.2d 529 (1966)

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Keys v. Romley

California Supreme Court
412 P.2d 529 (1966)

  • Written by Rose VanHofwegen, JD

Facts

Wesley and Ruth Keys (plaintiffs) owned a store next to and downhill from land that Gus and Engra Lusebrink leased to Edward Romley (defendants). Romley graded and paved the upper lot to build an ice rink and parking area. Rainwater flowed from the building’s downspouts onto a paved area, then toward the Keyses’ property, but a pile of loose dirt evidently kept their property from flooding. After the Keyses removed the dirt pile, their property began flooding during heavy rains. The Keyses sued for damages and an injunction to stop more runoff than would have occurred under natural conditions. The trial court entered judgment awarding the Keyses damages and enjoining Romley from causing further damage to the Keyses’ property. The Lusebrinks and Romley appealed.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

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