Supreme Court of California
Scher v. Burke, 230104
In a case concerning the application of Civil Code section 1009 -- which limits the circumstances in which courts may find implied dedication of private coastal property -- to a claim that private owners of noncoastal property have impliedly dedicated their land for use as a public road, the Court of Appeal's judgment is affirmed over plaintiffs' arguments that the restriction on implied dedication in section 1009(b) does not apply to property used by the public for nonrecreational vehicle access, as opposed to property used for recreational purposes, where the statute draws no such distinction.
Appellate Information
- Published 2017/06/15
Judges
- KRUGER
Court
- Supreme Court of California