Hays

Hays v. Vanek

Good Law
1989 Cal. App. LEXIS 1232·217 Cal. App. 3d 271·266 Cal. Rptr. 856
Court of Appeal of CaliforniaNovember 30, 1989D006716California6,534 words

Opinion

Opinion

WIENER, Acting P. J.

This case involves a winding dirt road—Casa de Roca Way—in rural Alpine. Notwithstanding the apparent simplicity of this mundane subject, the controversy over whether this road is public or private and whether certain of the parties through adverse possession have acquired ownership rights to portions of a 50-foot strip through which the road runs—has generated a gargantuan record suggesting, to put it mildly, that the tranquility of this rural hamlet consisting of about 15 homeowners has been materially disrupted. Except for the County of San Diego (County), all the parties to this litigation are neighbors, owning land abutting the roadway. Some homeowners are pleased with the judgment declaring the road is private and with their newly acquired rights to property obtained through adverse possession. The remaining owners, less satisfied with this result, challenge the judgment on a number of grounds.

The satisfied litigants are plaintiffs John and Carolyn Hays, Earl and Alice Wilson, Leroy Wilson and Richard and Nancy Tobin. The appellants are defendants Kenneth and Alice Hittle, Vasa Snorey, John and Linda Egbert, Enrique and Rafaela Ochoa, Kenneth…

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