Roark
Roark v. State ex rel. Department of Parks & Recreation
Opinion
Lead Opinion
Jefferson, J.
Plaintiffs appeal from a judgment awarding partial injunctive relief and no damages for defendants’ alleged interference with property rights asserted by plaintiffs.
Plaintiffs on this appeal contend solely that the construction by the State of California of a barricade at the end of Oreas Street in the subdivision where plaintiffs aré property owners created a public and private nuisance *157 and that plaintiffs are entitled to damages for the elimination of their easement of passage via Oreas Street onto the beach.
This appeal is based on a settled statement of facts. The statement, insofar as it is relevant to the issues on appeal, discloses that the state constructed Atascadero Beach State Park on 74 acres of property which it had previously acquired in San Luis Obispo County. The park, which was improved with 104 camping units, two comfort stations, a contact station, camping and picnicking facilities, and trees and bushes, was completed in the fall of 1965, and opened to the public on or about September 1, 1966.
Each of the plaintiffs is or has been a resident and property owner in a residential subdivision located directly east of the park in the City of Monro…