Wright

A.J. Wright and Dan Reddell (collectively Wright) allege they are the fee owners of a portion of a dedicated street abutting their property because the street was never opened or used for a public purpose. Wright appeals from a judgment of dismissal following an order sustaining respondent City of Morro Bay’s (City) demurrer to his first amended complaint without leave to amend. The face of the complaint shows that county accepted the offer of dedication and that no abandonment occurred. We affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

The material facts are not in dispute. Wright owns a parcel of real property in the City within the Cerritos Addition, a subdivision created in 1888. Wright’s lot is adjacent to a roadway depicted on the subdivision map as Jordan Terrace. The county formally accepted Jordan Terrace into its system of public streets in 1935. At the time Wright purchased his lot in 2003, Jordan Terrace was not, and never had been, used as a public street or for any other public purpose.

Wright filed a complaint to quiet title to that portion of Jordan Terrace extending from the boundary of his lot to the center line of the street. He asserts he…