Holloman

Holloman brought this action to quiet title to a pier and float, for injunctive relief and declaratory relief against defendants Allen, Richmond and City of Newport Beach (hereinafter called defendant City). Prom a judgment declaring that defendants Richmond, Allen and plaintiffs each owned an undivided one-third interest in a pier and float and defendants Richmond might continue the joint use of the pier and float and denying the right of plaintiffs and defendants Allen to terminate the rights of defendants Richmond in the pier and float, plaintiffs and defendants Allen appeal.

Historically Lots 18, 19 and 20, Tract 5, Balboa Island had been owned by one, Lachenmeyer. Prior to his ownership of these parcels of land, under a 1940-1941 permit from defendant City, there had been built a pier and float the ownership and use of which is now in question. The pier and float were constructed on either side of the bayward prolongation of the common lot line of Lots 19 and 20. The pier and float are upon submerged lands owned by the defendant City. Separating Lots 18, 19 and 20 from the bay, pier and float is a public walk.

In 1950 Lachenmeyer deeded Lot 18 to defendants Richmond. In…