Tartre v. City of Poway
These cross-appeals concern the scope of the City of Poway's (the City) sewer easement across multiple properties, including one owned by Lee Tartre and her husband, Don Tartre, and another by Diane Armstrong and Alex Armstrong (together with Tartre, Plaintiffs). After Plaintiffs sued the City and West Coast Arborists, Inc. (WCA), a company the City hired to remove trees on the easement, a jury found the City was negligent in the tree removal. The trial court later partially granted Plaintiffs' motion for judgment notwithstanding the verdict (JNOV), concluding that the City also violated Plaintiffs' civil rights under 42 U.S.C. section 1983 (section 1983).
The City appeals, contending the trial court erred in: (1) granting Plaintiffs' motion for JNOV on the section 1983 claim; and (2) denying its request for an injunction requiring Tartre to remove a tennis court on its easement. Plaintiffs also appeal, contending the trial court erred in: (1) denying their motion for JNOV against the City on their inverse condemnation, trespass and trespass to trees claims; (2) finding WCA was not liable under section 1983; and (3) denying their motion for JNOV against WCA on the trespass and trespass to trees claims.
We conclude the trial court erred when it granted Plaintiffs' motion for JNOV on the section 1983 claim because substantial evidence supported the jury's verdict denying this claim. Accordingly, we reverse the judgment on this claim. In all other respects, the judgment is affirmed.
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