Los Angeles Athletic Club v. City of Long Beach

This is an appeal from a .judgment of dismissal entered after the sustaining of a demurrer to plaintiff’s first amended complaint. It appears from the amended complaint that plaintiff and appellant is the owner of a beach lot bordering on the Pacific Ocean within the territorial limits of the defendant and respondent, City of Long Beach, upon which lot appellant maintains a club building; that respondent has constructed upon the tide and submerged lands of the Pacific Ocean, approximately 1200 feet westerly of appellant’s property, a crescent-shaped breakwater and within this breakwater a fill upon which it is planned to construct a municipal auditorium. It is further alleged that by reason of the construction of this breakwater and its interference with the normal and natural action of the waters of the Pacific Ocean the beach lands of appellant are being eroded and washed away and its club building is being undermined and endangered. Appellant prays that respondent be compelled to abate and remove this breakwater and fill, or in the alternative erect groynes, bulkheads, breakwaters or other works to adequately protect appellant’s property.

It is appellant’s theory as stated in…