Oceano nursery owner loses flooding fight against three government agencies

Bill Bookout sued five organizations alleging that they were at fault for over $100,000 in damage

Dawn White

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A South County nursery owner who tried to sue three government agencies, a growers group and the railroad over damages caused by flooding over the years at his business has lost his nearly two-year legal battle.

Bill Bookout — a member of the Oceano Community Services District board seeking re-election in November —sued Caltrans, the county, Union Pacific Railroad, the Pismo Beach Oceano Vegetable Exchange and his own agency in 2006.

He alleged they should be held responsible for a series of floods that caused more than $100,000 in damage to his business.

Bookout alleged that poor maintenance on Highway 1 and neighboring streets, gutters and county roads caused major flood damage to his Oceano Nursery.

But after a 10-day trial that ended last week, San Luis Obispo Superior Court Judge Martin Tangeman found his claims to be without merit and dismissed all the charges.

Bookout says he plans to appeal the ruling, which he called “unfortunate.”

Bookout owned the Oceano Nursery property at Paso Robles Street and Highway 1 since 2000.

He claimed that he incurred financial woes from flood-related costs which forced him to close in 2007.

He continues to own Plumeria’s Garden and Gifts in Pismo Beach and says he’d like to do business in Oceano again if the drainage issues were resolved.

“I would like to do something back down there but with the flooding, it makes no sense,” Bookout said. “It’s time for the governmental agencies to fix the problem. It’s time for them to take responsibility.”

Bookout said the property has flooded 12 or 13 times since he purchased it.

In his suit, he claimed to have lost hundreds of thousands of dollars with his business and by being unable to sell the flood-prone property to a new buyer.

The building and property currently sits vacant, he said.