Citizens for Open Access to Sand and Tide, Inc. v. Seadrift Ass'n

Opinion

SWAGER, J.

The trial court sustained respondents’ demurrer to the present action for implied dedication of a public recreational easement and declaratory and injunctive relief without leave to amend. We conclude that appellant’s action is barred by a settlement incorporated into judgments entered in prior suits, and affirm the judgment.

Statement of Facts and Procedural History

Throughout this century a tide of controversy and litigation over the competing rights of private ownership and public access has swept over the sands of the Bolinas Sandspit, and more specifically a northwesterly…