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FRIENDS OF MARTIN'S BEACH v. MARTIN'S BEACH 1, LLC

No. A142035.

246 Cal.App.4th 1312 (2016)

201 Cal.Rptr.3d 516

FRIENDS OF MARTIN'S BEACH, Plaintiff and Appellant, v. MARTIN'S BEACH 1, LLC, et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

April 27, 2016.

Attorney(s) appearing for the Case

Redenbacher & Brown and Gary Redenbacher for Plaintiff and Appellant.

Kamala D. Harris , Attorney General, John A. Saurenman , Assistant Attorney General, Christiana Tiedemann and Joseph C. Rusconi , Deputy Attorneys General; and Kimberly Anne Marlow , County Counsel (San Mateo), for State Lands Commission and California Coastal Commission as Amici Curiae on behalf of Plaintiff and Appellant.

Angela T. Howe ; Shute, Mihaly & Weinberger and William J. White for Surfrider Foundation as Amicus Curiae on behalf of Plaintiff and Appellant.

Hopkins & Carley, Joan R. Gallo , Jeffrey E. Essner , Allonn E. Levy and Dori L. Yob for Defendants and Respondents.

J. David Breemer and Christopher M. Kieser for Pacific Legal Foundation, California Farm Bureau and California Cattlemen's Association as Amici Curiae on behalf of Defendants and Respondents.

OPINION

At issue in this case is a dispute between the public and property owners over the use of a road, parking area and the inland dry sand of a popular beach. There is no disagreement about defendants' ownership of these areas or the property of which they are a part. Rather, the public rights claimed by plaintiff...

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