"For years, the nearly quarter milelong stretch of coastal land along Beach Drive has been at the center of a dispute between the county and 27 homeowners with units along the path that claim the walkway as patio space. Conversely, the county has argued that it is a safe and accessible sidewalk for beachgoers and that the public has a right to utilize it as such."
"Since the trial court's rulings that were encompassed in the February 24, 2024 judgment are based upon an erroneous ruling on the threshold issue of the County's interest in the 37-foot walk, we reverse the judgment in its entirety, reads the opinion, authored by acting Presiding Justice Allison Danner with concurrences from Justices Charles Wilson and Daniel Bromberg. We also vacate the December 26, 2023 order granting a permanent injunction, since that order is also based upon the trial court's erroneous ruling that"
A California appellate court reversed lower court rulings and affirmed Santa Cruz County's right-of-way easement and the public's interest in a 37-foot concrete walkway along the backside of homes adjacent to Seacliff State Beach in Rio Del Mar. The nearly quarter-mile stretch along Beach Drive sparked a long-running dispute between the county and 27 homeowners who claimed the walkway as patio space. The county maintained the walkway serves as a safe, accessible sidewalk for beachgoers and that the public has a right to use it. A prior trial court found the county lacked title and authorized fencing; the appellate court found those rulings legally erroneous and vacated the injunction.
Read at www.santacruzsentinel.com
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