Legal Opinion

Tusher v. Gabrielsen

California Court of Appeal

Decided November 30, 1998No. A077708, A081291PublishedCited by 32 opinions

1Opinion of the Court

Opinion

WALKER, J.

In these consolidated appeals we review the trial court’s order dissolving a preliminary injunction which had prohibited respondents Donlon and Agnes Gabrielsen (the Gabrielsens) from destroying a pond located principally on their property, to which appellants Thomas and Pauline Tusher (the Tushers) unsuccessfully claimed an implied view easement and littoral or riparian rights (appeal No. A077708, the first appeal). We also review the trial court’s judgment in favor of the Gabrielsens on the Tushers’ breach of contract claim (appeal No. A081291, the second appeal). We affirm.

2Cases cited16 opinions

  1. In Re Marriage of ArceneauxCalifornia Supreme Court · 1990
  2. People v. ShirokowCalifornia Supreme Court · 1980
  3. Walters v. MarlerCalifornia Court of Appeal · 1978
  4. Locklin v. City of LafayetteCalifornia Supreme Court · 1994
  5. Newby v. Alto Riviera ApartmentsCalifornia Court of Appeal · 1976

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3Cited by32 opinions

  1. Fladeboe v. American Isuzu Motors Inc.California Court of Appeal · 2007
  2. Sargent Fletcher, Inc. v. Able Corp.California Court of Appeal · 2003
  3. United States v. MilnerCourt of Appeals for the Ninth Circuit · 2009
  4. Porterville Citizens for Responsible Hillside Development v. City of PortervilleCalifornia Court of Appeal · 2007
  5. Farr v. County of NevadaCalifornia Court of Appeal · 2010

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