Craig v. Earl

COUGHLIN, J.

This is an appeal by the plaintiffs from a summary judgment in favor of certain defendants. The question on appeal is whether the record supports the conclusion of the trial court that the plaintiffs’ ease presents no triable issue of fact. The second amended complaint, upon which issue was joined, is directed against Rainbow Municipal "Water District, and Guy C. Earl, Jr., Harlan B. Griswold, D. L. Caldwell, W. N. Davis and Ross Dailey

“as

individuals, not as directors of Rainbow Municipal Water District,” and alleges that the plaintiffs are the owners of certain real property ; that the ‘ ‘ defendants, and each of them, without authority, permission or consent of plaintiffs, placed or caused to be placed upon said property, certain heavy equipment and

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quantities of water pipe for the purpose of building a water pipeline over and across the property of the plaintiffs; and for the construction and maintenance of a roadway paralleling the said water pipeline over and across the property of the plaintiffs”; that the ‘1 defendants have at all times refused, and now refuse, to remove said water pipeline and to regrade the premises and to restore them to their natural state as they existed prior to the invasion of the plaintiffs’ property by the defendants for the purpose as hereinabove alleged* but on the contrary, defendants threatened to continue to cause and to permit the said water pipeline and the roadways paralleling same to remain upon the plaintiffs’ premises”; that the plaintiffs have been damaged by these trespasses; and that the defendants acted maliciously. The complaint prays for compensatory and punitive damages and for an injunction. All of the defendants answered; denied the foregoing allegations of the complaint; and alleged a number of affirmative defenses. The defendants Griswold, Caldwell and Davis moved for a summary judgment and supported their motion by affidavits. The plaintiffs filed counteraffidavits in reply; the trial court heard the motion; granted the same; and rendered judgment accordingly.

From the record before us it appears that sometime prior to April 30, 1957, the defendant Earl, Jr., constructed a water pipeline and a parallel roadway across the plaintiffs’ land; that the defendant Rainbow Municipal Water District purchased this pipeline and roadway from the defendant Earl, Jr., and that at the time of such purchase the defendants Griswold, Caldwell and Davis were members of the board of directors of the water district. The moving defendants, in their affidavits, specifically and in detail denied the doing of any of the acts with which they were charged in the second amended complaint; stated that they had been members of the board of directors of the water district; and also stated that in their capacities as directors, their “only dealing or contact with the alleged pipe lines and roadways was participation in the decision of the Board of Directors to accept ownership” thereof on behalf of the water district, and that such acceptance was pursuant to an ordinance adopted by the district.