Abbot Kinney Co. v. City of Los Angeles

Plaintiffs brought this action to quiet title to certain beach property fronting on the Pacific Ocean in the Santa Monica Bay area, contending that conditions contained in the deed through which the City of Los Angeles (City) acquired title had been violated by the City, resulting in a reversion of the property to the plaintiffs as successors of the original grantors. Upon a trial of the action by the court sitting without a jury, judgment was rendered in favor of the City, from which judgment plaintiffs appeal.

The original grantors of the property were land developers who owned most of the area along the shore of Santa Monica Bay. In 1904, they deeded the subject property to be used as a “pleasure park or beach” upon certain conditions expressed in the grant, any violations of which would cause a reversion to grantors. The language of that deed, and of the conditions herein involved, was as follows: “To have and to Hold, ... the hereinafter named trust, forever, as a pleasure park or beach for the use, benefit and enjoyment of the public in general and particularly the inhabitants of said City and the owners of the property lying adjacent to the property hereinbefore described;…