Legal Opinion

Friends of Martin's Beach v. Martin's Beach 1 LLC

California Court of Appeal, 1st District

Decided April 27, 2016No. A142035Published

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

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  3. United States v. ThrockmortonSupreme Court of the United States · 1878
  4. Dolan v. City of TigardSupreme Court of the United States · 1994
  5. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979

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