Faus

This is an appeal by plaintiff from an adverse judgment in the superior court in an action to quiet title to certain real property, or, in the alternative, for a money judgment for damages based on the theory of inverse condemnation.

The real property involved is a 25-foot-wide strip of land, 12% feet on either side of the center line of Sunset Boulevard in the unincorporated territory of the defendant, Los Angeles County, bounded on the west by the center line of La Cienega Boulevard, and on the east, by the center line of Sweetzer Avenue.

It was stipulated by the parties that the legal issues and the interests of the parties be tried first. The court determined that plaintiff had no right, title or interest in the property, and appeal followed. Since the purpose of the action is to determine the right, title and interest of various parties in certain property, it is necessary to consider the terms of the deeds or other grants.

Early in the year 1906, Merchants Trust Company (hereinafter Merchants) sought to, and did, acquire fee title to certain land in the unincorporated portion of Los Angeles County for the purpose of developing a subdivision. They called the area to be…