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BESS v. COUNTY OF HUMBOLDT

Docket No. A052111.

3 Cal.App.4th 1544 (1992)

5 Cal. Rptr.2d 399

THOMAS L. BESS et al., Plaintiffs, Cross-defendants and Appellants, v. COUNTY OF HUMBOLDT et al., Defendants, Cross-complainants and Respondents.

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

February 28, 1992.

Attorney(s) appearing for the Case

COUNSEL

Mathews & Kluck, Francis B. Mathew and Thomas B. Mathews for Plaintiffs, Cross-defendants and Appellants.

Daniel E. Lungren, Attorney General, Richard M. Frank, Acting Assistant Attorney General, and Robert G. Collins, Deputy Attorney General, for Defendants, Cross-complainants and Respondents.

[Opinion certified for partial publication.*]

OPINION

STEIN, J.

The instant action involves the rights of the public (1) to use the Van Duzen River as it flows through property owned by Thomas L. and Carol Bess (the Besses), and (2) to obtain access to the river across the Besses' property. The trial court found that the Van Duzen River is navigable and thus that "the State owns in fee simple,...

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