Brumbaugh

Floyd M. and Margaret J. Brumbaugh (Brumbaugh) sought to quiet title to a strip of land (the road) and to enjoin the County of Imperial (County) from asserting , any right or interest therein. In answer the County asserted an easement created in the County on behalf of the public by reason of continuous public use of the road for access to the Colorado River and maintenance thereof for some 25 years. (Gion v. City of Santa Cruz (1970) 2 Cal.3d 29 [ 84 Cal.Rptr. 162 , 465 P.2d 50 ]. The County also claims to be an owner by virtue of the road having been expressly accepted into the county system of highways since 1956 and having been maintained by the County many years before that time. The County cross-complained seeking an injunction to require Brumbaugh to remove approximately 40 feet of chain link fence and other obstructions he erected across the road to prevent access to the Colorado River by the public.

After an extensive evidentiary hearing, the court denied Brumbaugh’s claim but granted the County’s request for preliminary injunction and ordered the Brumbaughs to remove the chain link fence. The trial court found the County had maintained the road and the public…