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12/29/2006 17: 08 120994x" 18 PAGE 03 <br /> 1 <br /> 2 <br /> 3 <br /> 4 <br /> 5 <br /> 6 <br /> 7 <br /> SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUI <br /> 8 <br /> 9 <br /> 10 COUNTY OF SAN JOAQUIN No, MS 40167 <br /> it <br /> DECISION <br /> 12 V. <br /> 13 <br /> 14 VALLEY MOTORS <br /> 15 -- <br /> 16 This matter came on for hearing on May 22, 2001 in Department No.M2 of the <br /> 17 above entitled court, the honorable F. Clark Sueyres, Judge presiding. Doug Wilson an( <br /> 1g Karen Jung appeared for Plaintiff, and Tom O'Neill appeared for Defendant. Evidencf:. <br /> 19 and argument was presented by both parties, and the court now finds, adjudges an,. <br /> 20 decrees: <br /> 21 <br /> 22 In this action the County seeks various permit fees for the maintenance of c <br /> 23 underground storage tank in the sidewalk area adjacent to defendant's property. <br /> 24 <br /> ispute that the tank existed buried under a sidewalk with a capp� <br /> 25 There is no d <br /> 26 opening on the sidewalk, that it is adjacent only to defendant's property, that there we <br /> 27 no permits ever issued for its maintenance and that the sidewalk is owned in fee by t <br /> 29 City of Stockton, not by easement, which is quite uncommon. <br />