CITY OF MANHATTAN BEACH v. SUPERIOR COURT

Docket Nos. S032448, S032449.

13 Cal.4th 232 (1996)

CITY OF MANHATTAN BEACH, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOHN P. FARQUHAR et al., Real Parties in Interest. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOHN P. FARQUHAR et al., Real Parties in Interest.

Supreme Court of California.

April 25, 1996.


Attorney(s) appearing for the Case

COUNSEL

Fadem & Douglas, Jerrold A. Fadem, Berger & Norton, Michael M. Berger, Golbert, Kimball & Weiner, George Kimball, Latham & Watkins, David F. Faustman, Kim N.A. Richards, Albert Choi, Burke, Williams & Sorensen, Carl K. Newton, Timothy B. McOsker and Thomas C. Wood for Petitioner City of Manhattan Beach.

Hill, Farrer & Burrill, William M. Biting, Benjamin B. Salvaty, Dean E. Dennis, Buchalter, Nemer, Fields & Younger and Marcus M. Kaufman for Petitioner Atchison, Topeka and Santa Fe Railway Company.

No appearance for Respondent.

Sullivan, Workman and & Dee, Roger M. Sullivan and Joseph S. Dzida for Real Parties in Interest.


OPINION

ARABIAN, J.

Although the era is long past when railroads dominated the landscape as well as the direction of this country's industrial, social, and political fortunes, their presence continues in legal struggles over control and ownership of property previously devoted to rail service. Typically, as in this case, the dispute concerns whether the railroad company acquired only an easement in the land over which its tracks once...

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