Katenkamp v. Union Realty Co.

THE COURT.

This is an action in equity for a mandatory injunction to compel the removal of groins erected on littoral lands. A demurrer was sustained to plaintiffs’ first amended complaint and, upon failure to further amend within the allowed time, a judgment was entered for defendant, from which plaintiffs appealed.

The first amended complaint in substance alleges: That plaintiffs and defendant are owners of adjoining tracts of land bordering on Miramar Bay, an inlet of the Pacific Ocean, at Santa Barbara, defendant’s property being upon the westerly arm of the bay, west of plaintiffs’…