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TIBURON/BELVEDERE RESIDENTS UNITED TO SUPPORT TRAILS v. MARTHA CO.

No. A157073.

56 Cal.App.5th 461 (2020)

TIBURON/BELVEDERE RESIDENTS UNITED TO SUPPORT THE TRAILS, Plaintiff and Appellant, v. MARTHA COMPANY, Defendant and Respondent.

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

October 23, 2020.

Attorney(s) appearing for the Case

Lukens Law Group, William M. Lukens ; Cotchett Pitre & McCarthy, Joseph Winters Cotchett , Eric J. Buescher and Alison E. Cordova for Plaintiff and Appellant.

Shute, Mihaly & Weinberger, Fran M. Layton and Lauren Mary Tarpey for The Sierra Club and Marin Conservation League as Amici Curiae on behalf of Plaintiff and Appellant.

Burke Williams & Sorensen, Benjamin Louis Stock and Joanne Leah Castella for Town of Tiburon as Amicus Curiae on behalf of Plaintiff and Appellant.

Cox Castle & Nicholson, Andrew B. Sabey , Jonathan S. Kitchen and James M. Purvis for Defendant and Respondent.

OPINION

Tiburon/Belvedere Residents United to Support the Trails (TRUST) appeals from a judgment entered in respondent Martha Company's (Martha) favor after a court trial. TRUST argues that, nearly 50 years ago, the public's use of trails on Martha's property established a recreational easement under the doctrine of implied...

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