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FAUS v. CITY OF LOS ANGELES

Docket No. L.A. 28626.

67 Cal.2d 350 (1967)

431 P.2d 849

62 Cal. Rptr. 193

L.C. FAUS, Plaintiff and Respondent, v. CITY OF LOS ANGELES, Defendant and Appellant.

Supreme Court of California. In Bank.

September 22, 1967.

Attorney(s) appearing for the Case

Roger Arnebergh, City Attorney, Bourke Jones and Weldon L. Weber, Assistant City Attorneys, Brian Crahan and Norman L. Roberts, Deputy City Attorneys, for Defendant and Appellant.

Harry S. Fenton, R.B. Pegram, Richard L. Franck, Charles E. Spencer, Jr., and Robert W. Vidor as Amici Curiae on behalf of Defendant and Appellant.

Demetriou & Del Guercio and Richard A. Del Guercio for Plaintiff and Respondent.

TOBRINER, J.

The issue in this case devolves from the fact that in 1955 public motor coach service was substituted for public electric railway service over rights of way in the Los Angeles area that were granted for an electric railway. Plaintiff urges that the conversion of the rights of way conflicts with the terms of the instruments of their creation, causing a destruction of the easements to which the parcels were subject. For the reasons set forth in this opinion...

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