Big Sur Properties v. Mott

62 Cal. App. 3d 99 (1976)

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Big Sur Properties v. Mott

California Court of Appeal
62 Cal. App. 3d 99 (1976)

  • Written by Sheryl McGrath, JD

Facts

The State of California (state) received a gift of property from an individual donor. The gift deed required the state to use the property as a public park, including uses incidental to the park. The deed prohibited the state from granting any private right-of-way for vehicles to travel across the park property. The deed specifically stated that the prohibition regarding rights-of-way was to apply notwithstanding § 5003.5 of the California Public Resources Code, which authorized the state to provide means of ingress and egress across state park lands. The deed stated that the state could provide ingress and egress for public access to the park. Some time later, Big Sur Properties (Big Sur) (plaintiff) sought a right-of-way permit from the California Department of Parks and Recreation (department). The requested permit would allow individuals to travel across park property for access to privately owned land. The department denied the permit. Big Sur then filed an action against the department, naming the defendant as the department’s director, William Mott (defendant). The trial court upheld the denial of the permit. Big Sur appealed

Rule of Law

Issue

Holding and Reasoning (Caldecott, J.)

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