Tag Archives: trespass

TVA Wins Mandatory Injunction Against Shell Pipeline Company

TVA’s clients bought a 138-acre parcel across the street from Meadows Field airport, a property hoped to be the “window to the city” of Bakersfield. When undisclosed Shell and Chevron pipelines were found and they refused to relocate them, however, development ground to a halt. After several months of stalemate, this “window” property showed nothing but the power pipeline operators wield in Kern County. TVA sued the operators in federal court for the Eastern District of California in C & C Properties, Inc., et al., v. Shell Pipeline Co., et al. TVA immediately moved the court for a preliminary injunction Read More

Patio furniture does not establish an equitable easement

In a recent property-dispute opinion, the Second District in Shoen v. Zacarias came to the perfectly sensible decision that equity is not aroused by a trespasser’s inconvenience in relocating $275 in lawn furniture. As is so often interesting (and frustrating) about the law is that reasonable minds can disagree. In fact, the trial court had ruled otherwise, and the sage Professor Shaun Martin agrees. At bottom, however, I think the trial court and the good professor lean on appeals to equity more than established legal rules. In the latter respect, the reviewing court got it right. Professor Martin’s blog fairly Read More