County of Orange v. Chandler-Sherman Corp.

County appeals from a judgment rejecting a claim of public rights arising from an alleged implied dedication of the beach areas and access to those areas in and around a beach in Orange County referred to as Dana Strand.

Dana Strand is a 2,000-foot portion of a long, narrow, sandy beach, sheltered by steep cliffs, which lies between Dana Point and Laguna Beach. Isolated and somewhat inaccessible, it lies a few hundred yards from Coast Highway 101, and during the pertinent times involved in this case could be reached by driving from that highway along a dirt road and across an unimproved area to the top of a bluff, then descending to the beach.

Respondent Chandler- Sherman and its predecessors in interest own the bluffs and the beach. The county attempted to establish public rights to the beach and to ingress and egress over the property of the owner to the beach. While the state appears as a respondent (joined as a defendant under Pub. Resources Code, § 6308), its position in this case is identical with that of the county.

The trial court took extensive testimony re use of the beach from numerous witnesses each of whom testified to his observations and use of the beach…