Baccarat Fremont v. AlamedaCountyFlood Control and Water Conservation Dist.
Many years ago, respondents Alameda County Flood Control and Water Conservation District (ACFCD) and Union Sanitary District constructed public improvements on the subject property in Fremont. This construction activity altered drainage patterns, thereby creating wetland on a portion of the property. Shortly after appellant Baccarat Fremont, LLC (Baccarat) purchased the property for development in 1997, the United States Army Corps of Engineers (Corps) asserted jurisdiction over the wetlands. In March 2005, Baccarat sued respondents in inverse condemnation, claiming that the Corps final decision, in which it reaffirmed an earlier jurisdictional determination, prevented the company from developing a large portion of the project and required substantial expenditures to implement mitigation measures. Baccarat amended the complaint in December 2007, to add a negligence claim seeking recovery of attorney fees it expended in litigation against the Corps challenging the Corps assertion of jurisdiction over the wetlands. The trial court concluded, among other points, that both causes of action were time barred and sustained respondents demurrers without leave to amend. Court agree and affirm.
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