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RICHMOND RAMBLERS MOTORCYCLE v. WESTERN TITLE GUAR

Docket No. 32697.

47 Cal.App.3d 747 (1975)

121 Cal. Rptr. 308

RICHMOND RAMBLERS MOTORCYCLE CLUB, Plaintiff and Appellant, v. WESTERN TITLE GUARANTY COMPANY-CONTRA COSTA DIVISION et al., Defendants and Respondents; ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY et al., Interveners and Appellants.

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

April 30, 1975.

Attorney(s) appearing for the Case

COUNSEL

Pelletreau, Gowen, Moses, Porlier & Larson and Thomas G. Shelby for Plaintiff and Appellant.

Bricker, Evatt, Barton & Eckler as Amici Curiae on behalf of Plaintiff and Appellant.

John J. Balluff, Robert B. Curtiss, Thomas I. McKnew, Jr., Cox, Cummins & Lamphere and Charles L. Hemmings for Interveners and Appellants.

Joseph Landisman and Richard Leon Marcus for Defendants and Respondents.

James P. O'Drain, City Attorney (Richmond), as Amicus Curiae on behalf of Defendants and Respondents and Interveners and Appellants.

OPINION

ELKINGTON, J.

In the action below, plaintiff the Richmond Ramblers Motorcycle Club (hereafter sometimes the "Club") sought a judicial declaration (with incidental relief), (1) that it had "acquired a prescriptive easement" (italics ours) in, and (2) that there had been an "implied dedication to public use" (italics ours) of, some 77 acres of unimproved inland real property (hereafter the "land") in the City of...

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