Legal Opinion
ZACK'S, INC. v. City of Sausalito
California Court of Appeal
Decided August 11, 2008No. A118244, A118723PublishedCited by 24 opinions
1Opinion of the Court
Opinion
KLINE, P. J.
The questions this case poses are (1) whether a city can lawfully lease a portion of a dedicated public street to a private party for a commercial purpose, thereby impairing private and public easements therein, where the street is situated on tidelands granted the city by the Legislature arid held by it pursuant to the common law public trust relating to tidelands and submerged lands and, if so, (2) whether the power granted the city by the Legislature permits it to vacate or close the leased portion of the street without complying with general statutes applicable to the…
2Cases cited52 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Saelzler v. Advanced Group 400California Supreme Court · 2001
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- City of Long Beach v. MansellCalifornia Supreme Court · 1970
47 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Citizens for East Shore Parks v. State Lands CommissionCalifornia Court of Appeal · 2011
- San Francisco Baykeeper, Inc. v. State Lands CommissionCalifornia Court of Appeal · 2015
- Jacobs Farm/Del Cabo, Inc. v. Western Farm Service, Inc.California Court of Appeal · 2010
- Envtl. Law Found. v. State Water Res. Control Bd., California Court of Appeal, 5th District2018
- Santa Barbara Channelkeeper v. City of San Buenaventura, California Court of Appeal, 5th District2018
19 more not listed; retrieve them via the Exa API.