# Clement v. State Reclamation Board

> California Supreme Court · August 2, 1950 · 35 Cal. 2d 628

URL: https://www.frixlaw.com/law-library/cases/9623981

## Case

- **Full name:** ELDEN W. CLEMENT, Appellant v. THE STATE RECLAMATION BOARD Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** August 2, 1950
- **Citations:** 35 Cal. 2d 628; 220 P.2d 897; 1950 Cal. LEXIS 371
- **Precedential status:** Published
- **Opinion:** Concurrence by Schauer
- **Judges:** Traynor, Schauer
- **Cited by:** 91 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9623981

## How later opinions describe it (automated extraction)

- noting that a “new condition will be regarded as though it were a natural one, its artificial origin being then disregarded by the law,” only if, among other elements, “the creator of the artificial condition intended it to be permanent” (emphasis in original)

## Opinion text

SCHAUER, J.
I concur in the judgment and in the discussion by Mr. Justice Traynor except insofar as such discussion appears to support the police power-cZumrotro absque injuria doctrine enunciated in Archer v. City of Los Angeles (1941), 19 Cal.2d 19 [ 119 P.2d 1 ], and in O’Hara v. Los Angeles County Flood Control Dist. (1941), 19 Cal.2d 61 [ 119 P.2d 23 ]. I would prefer, with Mr. Justice Carter, to overrule the holdings of the Archer and O’Hara cases in respect to the mentioned doctrine.
Respondents’ petition for a rehearing was denied August 31,1950.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9623981. Public record. Not legal advice.