CITY OF SANTA CRUZ v. YOUNGER

Docket No. 20839.

223 Cal.App.2d 818 (1963)

36 Cal. Rptr. 253

CITY OF SANTA CRUZ, Plaintiff and Respondent, v. DONALD YOUNGER, Defendant and Appellant.

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

December 31, 1963.


Attorney(s) appearing for the Case

Emmet L. Rittenhouse and William G. Filice for Defendant and Appellant.

Rodney R. Atchison, City Attorney, and Wyckoff, Parker, Boyle & Pope for Plaintiff and Respondent.


DRAPER, P.J.

Although this is a proceeding in eminent domain, the sole dispute concerns title to land.

In 1927, appellant Younger received a gift deed describing the granted land as bounded on the northwest by Branciforte Creek. The creek's course, as shown by a map made in 1910 and aerial surveys made in 1957, had shifted to the southeast by as much as 50 to 80 feet. The area between the two creek courses is the subject of this appeal. Apparently no owners...

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