Hart
County of San Luis Obispo v. Hart
Opinion
Lead Opinion
Nourse, J.
This is a motion to affirm a judgment on the grounds that the appeal was taken for delay only and that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument. (Rule V, sec. 3, Rules for Supreme Court and District Courts of Appeal.)
The litigation involves the title to nine blocks of land lying between Strand Avenue and the mean high tide of the ocean at Océano Beach in San Luis Obispo County. The action was one brought by the county to quiet title, the county claiming title to the disputed strip through dedication of the defendants and by adverse possession. The trial court found adversely to the county on all issues and the sole burden of this appeal is that these findings are not supported by the evidence. The first and second points raised by appellant are related to the appellant’s theory that the predecessor in interest of the respondents and certain selling agents acting for him made a dedication to the public of Strand Avenue and all lands lying between the westerly boundary thereof and the ocean. On this issue the evidence is not conflicting. It overwhelmingly supports the finding of the trial court that there was no…