Flavio v. McKenzie

This is an appeal from a judgment denying appellants’ request for an injunction pendente lite to restrain the respondents from maintaining a barricade across Cervantes Road in San Mateo County. On appeal, it is argued that the trial court abused its discretion in denying the injunction because: (1) Cervantes Road was dedicated and accepted as a public road; (2) Respondents’ barricade is a public nuisance; (3) Appellants, Palpar, Inc., and Palomar Holding Company, as the owners in fee of the land embraced within the boundaries of the road, are entitled to have the barricade abated as a…