Morse

Morse v. Miller

Good Law
128 Cal. App. 2d 237·1954 Cal. App. LEXIS 1457·275 P.2d 545
Court of Appeal of CaliforniaOctober 20, 1954Civ. 8404California2,883 words

Opinion

Opinion

Schottky, J.

This is an appeal from a judgment decreeing that certain real property owned by defendants and appellants has been dedicated to public use for beach and athletic field purposes, and is also subject to easements for similar use in favor of plaintiff and respondent and other property owners on whose behalf he sued. Said judgment also perpetually enjoined defendants from interfering with either the public or private use of the property. 1

The real property here involved now consists of three parcels, two of them forming what is known as the “beach,” and the third comprising the “athletic field.” The beach property, now divided into two parcels, is bounded on the west by the low water line of Clear Lake, and on the east by the center line of a road known as “Lakeshore Road. ’’ This property extends along the road for a distance of approximately 1,120 feet, and its northern and southern boundaries (from the road to the lake) are approximately 450 and 230 feet long, respectively. The athletic field property lies just east of the beach, the center line of Lakeshore Road forming a common boundary between them. Its frontage along this road is about 700 feet, and it is bounded on the other…

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