Glass

Lynch v. Glass

Good Law
119 Cal. Rptr. 139·44 Cal. App. 3d 943
Court of Appeal of CaliforniaJanuary 29, 197533646California2,310 words

Opinion

Opinion

Frank and Ellenora Lynch and Edward and Elizabeth Fitzsimmons appeal from a judgment determining that they have no easement rights over a road across property of defendants Warren and Ida Lou Glass and James S. Erway.

In 1965, respondents and others blocked off from public access a road known as Wolfback Ridge Road crossing partially undeveloped territory west of Sausalito. Appellants sued to establish their claimed right to use the road, alleging alternatively that the road was a public way or was subject to a private easement in their favor. The judgment for respondents was based on the trial court's determinations that a judgment in a prior action collaterally estopped appellants from asserting a public easement, and that appellants had failed to prove a private easement.

The prior judgment was against Gulf Oil Corporation and Frouge Corporation, the intended developers of certain lands adjoining the Glass property in the Wolfback Ridge area. The developers acted on the assumption that Wolfback Ridge Road would provide public access to their lands. The Glasses instituted a slander of title action against the two corporations, seeking damages and an…

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