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PEOPLE v. WM. KENT ESTATE CO.

Docket No. 22449.

242 Cal.App.2d 156 (1966)

51 Cal. Rptr. 215

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM KENT ESTATE COMPANY, Defendant and Appellant.

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

May 11, 1966.

Attorney(s) appearing for the Case

Freitas, Allen, McCarthy & Bettini, Thacher, Jones, Casey & Ball and Lloyd Tunik for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Jay L. Shavelson, Assistant Attorney General, Ralph W. Scott, Deputy Attorney General, Bruce B. Bales, District Attorney, Donald E. Paterson and Joshua W. Thomas, Deputy District Attorneys, for Plaintiff and Respondent.

DRAPER, P.J.

This appeal requires definition of the statutory term "ordinary high water mark" (Civ. Code, § 830), and application of the rule to a situation in which the land itself moves in greater degree, but with less frequency, than do the tides.

Defendant owned a sandspit bounded on one side by the Pacific Ocean, and on the opposite side by Bolinas Lagoon. On each of these sides, defendant owned the upland and the state the submerged lands. Following...

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