59-304 Realty Co. v. State
Opinion of the Court
Appeal from so much of an order of the Court of Claims, entered July 19, 1974, which granted claimant’s motion to amend its claim. The claimant, a partnership, filed a notice of intention to file its claim on July 2, 1969. The claimant filed its claim on April 7, 1971. The claimant alleges that his property, a private swim club, was damaged as a consequence of the negligent design and construction by the State of State Highway 9006 adjacent to its property, and that on or about the 19th day of April, 1969, due to the improper design and construction of the bank and drainage channel, the soil upon the embankment of said highway filled the drainage ditch and caused surface water to overflow upon claimant’s property precipitating large amounts of silt, dirt and other debris on claimant’s property. The claimant demands judgment for $150,000 damage with interest from April 19, 1969. On July 18, 1974 the Court of Claims granted claimant’s motion to amend the claim by adding paragraph 6 to the Nineteenth paragraph entitled "The particulars of claimant’s damages” which reads as follows: "6. Material and labor necessarily required to remedy the condition caused by the discharge of water, silt, mud and other debris upon claimant’s property in the year of 1968, $23,600.00.” The claim and the amended claim allege that, on or about the 19th day of April, 1969, the claimant’s property was flooded by surface water which deposited silt, dirt and debris on claimant’s property. It is obvious that an alleged obstruction to the drainage ditch on the State’s highway in April, 1969 did not cause damage to claimant’s property in 1968. Under the guise of an amendment to the amount of damages, the court has activated a claim
Case-law data current through December 31, 2025. Source: CourtListener bulk data.