Biagini

— This action concerns a dispute over a road known as King Way that runs over property owned by defendants Kathie and Joe Beckham in Nevada County. The dispute arose when plaintiff Zora M. Biagini, who owns property adjacent to the Beckhams, cut down trees and other vegetation on the Beckhams’ property near the road. Biagini sought injunctive relief against the Beckhams and the Beckhams cross-complained to quiet title and for damages for trespass. Biagini asserted she had the right to cut vegetation on the Beckhams’ property because King Way had become a public road by virtue of public use of the road following the Beckhams’ offer to dedicate the road to Nevada County. The trial court disagreed, finding the Beckhams had revoked their offer of dedication before it was accepted by public use of the roadway, although the offer remained open for Nevada County to accept formally. As a result of this finding (and another finding that Biagini did not have a prescriptive easement), the court found Biagini “had no right to trim or destroy trees and vegetation” on the Beckhams’ property and held her liable for $4,296.02 in damages to the Beckhams for the trees she had cut down.

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