Friends of Martin's Beach v. Martin's Beach 1 LLC
Annotate this CaseIn 2008, the LLCs acquired the parcels, south of Half Moon Bay in San Mateo County, bounded by Highway 1 and the Pacific Ocean. They include Martin’s Beach, bounded to the north and south by high cliffs. Other than by water, the only access to Martin’s Beach is via a road that runs from Highway 1. According to plaintiff, before 2008, the road and the beach were open to and used by the public for decades. Previous owners had erected a billboard inviting the public to the beach and provided a general store, public toilets, and parking, sometimes charging a fee. Initially, the LLCs allowed public use of the road, the parking area and the beach, charging a fee. In 2009, barred access to the road, placed “No Trespassing” signs, and hired security to exclude the public. Plaintiff argued that the California Constitution confers a public right of access over private property to the tidelands and that under the common law of dedication, the LLCs' predecessors offered a dedication to public use and the public accepted. The court of appeal affirmed summary judgment for the LLCs with respect to the constitutional claim, but reversed in part. The dedication issues require consideration of the federal “Act of 1851” and the Treaty of Guadalupe Hidalgo. The court rejected the state’s claim as an “indispensable party.”
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