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ZACK'S, INC. v. CITY OF SAUSALITO

Nos. A118244, A118723.

165 Cal.App.4th 1163 (2008)

ZACK'S, INC., Plaintiff and Appellant, v. CITY OF SAUSALITO et al., Defendants and Respondents.

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

August 11, 2008.

Attorney(s) appearing for the Case

Seiler Epstein Ziegler & Applegate and Douglas Allen Applegate for Plaintiff and Appellant.

Lepper & Harrington, Gary M. Lepper, Paul V. Samoni and Jennifer Rebecca Beierle for Defendant and Respondent City of Sausalito.

Edmund G. Brown, Jr., Attorney General, J. Matthew Rodriguez, Assistant Attorney General, and Alice Busching Reynolds, Deputy Attorney General, for Defendants and Respondents The State of California, State Lands Commission and Paul D. Thayer.

Keegin Harrison Schoppert Smith & Karner and Paul C. Smith for Defendant and Respondent Edgewater Yacht Sales.

OPINION

KLINE, P. J.

The questions this case poses are (1) whether a city can lawfully lease a portion of a dedicated public street to a private party for a commercial purpose, thereby impairing private and public easements therein, where the street is situated on tidelands granted the city by the Legislature and held by it pursuant to the common law public trust relating to tidelands...

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