Ohara v. Los Angeles County Flood Control District

TRAYNOR, J. Plaintiffs are the owners of certain land in Los Angeles County near the Los Angeles River. The Los Angeles County Flood Control District replaced the low permeable dikes that bordered the river with concrete levees, and constructed a concrete embankment running at right angles to the levees away from the river. These improvements, constructed for the purpose of flood control, increased the velocity of the water flowing in the river by preventing it from spreading out over adjoining lands, and obstructed the drainage of surface waters into the river. The only provision for drainage of the area created by the levee and the embankment was a four foot culvert opening into the river at a point near the junction of the levee and the embankment. On March 2, 1938, a heavy rainstorm occurred. The water flowed in the river at a speed heightened by defendants improvements, burst through the river banks and damaged plaintiffs property. The surface waters, prevented by defendants improvements from draining into the river, flooded plaintiffs land. Plaintiffs thereupon brought this action against the flood control district, claiming the