Is a plaintiff permitted to maintain an action to acquire an easement for the extension of a sewer line?
California, United States of America
The following excerpt is from Yeshiva Torath Emeth Academy v. University of Southern Cal., 208 Cal.App.2d 618, 25 Cal.Rptr. 422 (Cal. App. 1962):
As authority for its claim plaintiff says: 'The situation in the case at bar is not unlike that of Linggi v. Garovotti, 45 Cal.2d 20, 286 P.2d 15.' There is no similarity. In that case the plaintiff was permitted to maintain an action to acquire an easement for the extension of a sewer line, which was a right expressly granted by subdivision 8 of the Code of Civil Procedure, section 1238.
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