California Court of Appeal

Civil Code section 1009, which allows a landowner to open land for public recreational use without fear of an implied dedication finding, has no application to nonrecreational use of land. A failure to complete a statutory dedication does not negate the possibility of a common law dedication, and here, substantial evidence supported the trial court's finding that such a dedication took place.

Appellate Information

• Decided 03/02/2004
• Published 03/02/2004

Judges

• MORRISON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Michael W. Thomas and Trainor Robertson, Sacramento, for Defendants and Appellants., Haley & Bilheimer, Allan S. Haley and John Bilheimer, Nevada City, for Plaintiffs and Respondents.