City of Anaheim v. Metropolitan Water Dist. of Southern Cal

In City of Anaheim v. Metropolitan Water Dist. of Southern Cal. (1978) 82 Cal.App.3d 763, city filed an action in declaratory relief against MWD to resolve a dispute over which party would have to bear the cost of relocating MWD's pipelines. The pipelines had been installed pursuant to a privately granted easement before the street existed and relocation became necessary when the city constructed a crossing for a street under a railroad right-of-way. It was held that city's easement in gross for surface roadway purposes prevailed over MWD's subsurface easement for pipeline purposes and that, when MWD's use became inconsistent with city's use of the street, MWD would have to bear the cost of relocation.