Drainage Dispute - Laguna Canyon
After record rainstorms and flooding in Laguna Canyon, two allied upstream real property owners asserted claims against an elderly downstream property owner of a large parcel of land straddling a drainage course, asserting that the drainage through the lower property was not adequate. The downstream property owner retained Robert McMahon.
Civil engineers were retained by each side to evaluate the drainage conditions. Research revealed that, under an old unenforced court judgment, a prior owner of the downstream property was to construct an open concrete drainage culvert (a moat running through the middle of the downstream property, impairing access and marketability). The old judgment was likely not enforced after Caltrans constructed drainage major drainage improvements beneath Laguna Canyon Road.
Mr. McMahon obtained a bid for the installation for a closed-conduit 60 inch concrete pipeline, and consulted a real estate appraiser; his client agreed that installing the large underground drainage pipe would enhance the value of his real property, improve the drainage across the property, and resolve the claims of the upstream property owners. The drainage pipe was installed pursuant to permits issued by the City of Laguna Beach, thereby resolving the pending lawsuit.