County of Los Angeles v. Berk

I dissent.

Gion-Dietz (Gion v. City of Santa Cruz (1970) 2 Cal.3d 29 [84 Cal.Rptr. 162, 465 P.2d 50]) declared substantial law without adequate discussion, repudiated settled principles applicable to claims of dedication by adverse use, ignored constitutional guarantees of property *225rights, established an inequitable doctrine punishing the unselfish, and promulgated a rule counterproductive to the policy sought to be served. The Legislature repudiated Gion-Dietz in large part. We should acknowledge the court’s mistake and overrule the case.

Prior to Gion-Dietz no case held dedication of an…