"In 39-page decision handed down Thursday by the state's Sixth Appellate District, the justices recognized the county's right-of-way easement and the public's interest in a 37-foot concrete walkway along the backside of a row of homes next to Seacliff State Beach in Rio Del Mar. 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."
"The issue has wound its way through several rounds of court proceedings, including a trial court ruling last year declaring that the county had no title or interest in the walkway, along with a 2023 order that authorized the homeowners to put up fencing on either end of the walkway to cordon off public access to the patios. The opinion this week, however, stated that the legal reasoning that underpinned both rulings was unsound."
The Sixth Appellate District affirmed Santa Cruz County's right-of-way easement and public interest in a 37-foot concrete walkway behind homes near Seacliff State Beach in Rio Del Mar. The nearly quarter-mile stretch along Beach Drive was disputed by 27 homeowners who treated the pathway as private patio space. The county argued the walkway functions as a safe, accessible sidewalk for beachgoers. Prior trial court rulings found the county had no title and allowed homeowners to fence the ends of the walkway. The appellate court found the trial court's legal reasoning erroneous, reversed that judgment, and vacated the injunction.
Read at The Mercury News
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