Katenkamp

This is an action in equity for a mandatory injunction to compel the removal of groins erected on littoral lands. A demurrer was sustained to plaintiffs’ first amended complaint and, upon failure to further amend within the allowed time, a judgment was entered for defendant, from which plaintiffs appealed.

The first amended complaint in substance alleges: That plaintiffs and defendant are owners of adjoining tracts of land bordering on Miramar Bay, an inlet of the Pacific Ocean, at Santa Barbara, defendant’s property being upon the westerly arm of the bay, west of plaintiffs’ properties. That in a natural state defendant’s land is rocky and devoid of sand or beach but plaintiffs’ lands possess a sandy beach of 100 to 200 feet in width to the mean high tide line of the bay, and extending beyond some 500 feet under the waters of the bay. That plaintiffs ’ lands have been used for fifty years past for residential, recreational, bathing and boating purposes and valuable improvements have been erected thereon. That about June 1, 1929, ‘ ‘ solely for the purpose of securing the accretion of sand to its shore and upon its property and thereby to create a sandy beach and shore to the…