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AUG-10-2001 13:48 REUENLIE RECOUERY 209 4682277 P.01 <br /> 3 <br /> co. <br /> PN# g- FAXN <br /> 5 <br /> 6 <br /> 7 <br /> S SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN <br /> 9 <br /> l0 COUNTY OF SAN JOAQUIN <br /> No, MS 40167 <br /> I1 <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 and <br /> 18 Karen Jung appeared for Plaintiff, and Tom O'Neill appeared for Defendant. Evidence <br /> 19 and argument was presented by both parties, and the court now finds, adjudges and <br /> 20 decrees: <br /> 21 <br /> 22 In this action the County seeks various permit fees for the maintenance of an <br /> 23 underground storage tank in the sidewalk area adjacent to defendant's property. <br /> 24 <br /> 25 There is no dispute that the tank existed buried under a sidewalk with a capped <br /> 26 opening on the sidewalk, that it is adjacent only to defendant's property, that there were. <br /> 27 no permits ever issued for its maintenance and that the sidewalk is owned in fee by the <br /> 28 City of Stockton, not by easement, which is quite uncommon. <br /> - 1 - <br />