Legal Opinion

Fogerty v. State of California

California Court of Appeal

Decided November 24, 1986No. Civ. 25115PublishedCited by 8 opinions

1Opinion of the Court

Opinion

SIMS, J.

In State of California v. Superior Court (Lyon) (1981) 29 Cal.3d 210 [172 Cal.Rptr. 696, 625 P.2d 239] (hereafter Lyon) our Supreme Court held that the lands lying between the low and high watermarks of Clear Lake are owned by their littoral owners subject to a “trust” interest held by the State of California for the benefit of the public for purposes of commerce, navigation, fishing, recreation, and preservation of the land in its natural state. (Id,., at pp. 226-233.) In State of California v. Superior Court (Fogerty) (1981) 29 Cal.3d 240 [172 Cal.Rptr. 713, 625 P.2d 256]…

2Cases cited30 opinions

  1. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  2. Borax Consolidated, Ltd. v. Los AngelesSupreme Court of the United States · 1935
  3. People v. ShueyCalifornia Supreme Court · 1975
  4. Howard v. IngersollSupreme Court of the United States · 1852
  5. Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906

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3Cited by8 opinions

  1. State v. MenziesUtah Supreme Court · 1994
  2. People v. FrancCalifornia Court of Appeal · 1990
  3. Bess v. County of HumboldtCalifornia Court of Appeal · 1992
  4. California Coastal Commission v. Office of Administrative LawCalifornia Court of Appeal · 1989
  5. County of Lake v. SmithCalifornia Court of Appeal · 1991

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