California Court of Appeal
Zack's, Inc. v. City of Sausalito, A118244, A118723
In an action arising from the storage of boats and equipment by defendant on a leased portion of a street upon which plaintiff's property abuts, summary judgments for defendants are reversed where: 1) the leasehold city granted to respondent-yacht sales company was not expressly authorized by a 1957 statute; 2) such statute did not relieve city of the need to comply with general statutes relating to street closure; and 3) the public trust doctrine allows a leasehold interfering with public and private rights to use a tidelands street to be adjudicated a nuisance and enjoined for the failure of the trustee to comply with street closure statutes.
Appellate Information
- Decided 08/11/2008
- Published 08/11/2008
Judges
- KLINE, P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Seiler Epstein Ziegler & Applegate LLP, Douglas Allen Applegate, San Francisco, for Appellant Zack's, Inc.
- For Appellees:
- Lepper & Harrington, Gary M. Lepper, Paul V. Samoni, Walnut Creek, Jennifer Rebecca Beierle, for Respondent City of Sausalito., Edmund G. Brown Jr., Attorney General, J. Matthew Rodriguez, Sr. Asst. A.G., Alice Busching Reynolds, Deputy A.G, for Respondents The State of California, State Lands Commission and Paul D. Thayer., Keegin Harrison Schoppert Smith, & Karner LLP, Paul C. Smith, San Rafael, for Respondent Edgewater Yacht Sales.