Friends of Martin's Beach v. Martin's Beach 1 LLC
California Court of Appeal, 1st District
1Opinion of the CourtStewart, J.
At issue in this case is a dispute between the public and property owners over the use of a road, parking area and the inland dry sand of a popular beach. There is no disagreement about defendants' ownership of these areas or the property of which they are a part. Rather, the public rights claimed by plaintiff are predicated on two theories. The first is that a provision of the California Constitution confers on the public a right of access over private property to the tidelands. The second is that under the common law of dedication the defendants' predecessors-who owned the property from…
2Cases cited87 opinions
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
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