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GION v. CITY OF SANTA CRUZ

Docket Nos. S.F. 22560, 22703.

2 Cal.3d 29 (1970)

465 P.2d 50

84 Cal. Rptr. 162

THOMAS GION et al., Plaintiffs and Appellants, v. CITY OF SANTA CRUZ, Defendant and Respondent. LESTER J. DIETZ et al., Plaintiffs and Appellants, v. ROBERT B. KING et al., Defendants and Respondents. (Two Cases.)

Supreme Court of California. In Bank.

February 19, 1970.

Attorney(s) appearing for the Case

COUNSEL

Lester J. Dietz and Lotus A. Dietz, in pro. per., Leo M. Cook, Timothy O. Stoen, Sullivan, Roche, Johnson & Farraher, Sullivan, Roche & Johnson, Vincent J. Mullins and Richard H. Wise, Jr., for Plaintiffs and Appellants.

Rodney R. Atchison, City Attorney, Atchison & Haile, Donald R. Haile, Bell & Cox and Charles R. Bell for Defendants and Respondents.

Thomas C. Lynch, Attorney General, Jay L. Shavelson, Assistant Attorney General, R. Frederic Fisher and Lillick, McHose, Wheat, Adams & Charles as Amici Curiae on behalf of Defendant and Respondent in No. 22560 and Plaintiffs and Appellants in No. 22703.

James R. Christiansen, City Attorney (Carpinteria), as Amicus Curiae on behalf of Defendant and Respondent in No. 22560.

OPINION

THE COURT.

We consider these two cases together because both raise the question of determining when an implied dedication of land has been made.

Gion v. City of Santa Cruz concerns three parcels of land on the southern or seaward side of West Cliff Drive, between Woodrow and Columbia Streets in Santa Cruz. The three lots contain a shoreline of approximately 480...

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