Friends of Martin's Beach v. Martin's Beach 1 LLC

At issue in this case is a dispute between the public and property owners over the use of a road, parking area and the inland dry sand of a popular beach. There is no disagreement about defendants' ownership of these areas or the property of which they are a part. Rather, the public rights claimed by plaintiff are predicated on two theories. The first is that a provision of the California Constitution confers on the public a right of access over private property to the tidelands. The second is that under the common law of dedication the defendants' predecessors-who owned the property from early in the 20th century until defendants purchased it in 2008-through their words and acts offered to dedicate the road, parking area and inland sand to public use over a period of decades, and the public accepted that offer by using those parts of the property. In this appeal, plaintiff challenges the trial court's grant of summary adjudication to defendants on plaintiff's claims asserting these *520 theories and on defendants' counterclaims seeking to refute them.

The case presents a number of intriguing issues, among them the meaning of Article X, section 4 of the California Constitution…