People ex rel. Baker v. Mack
California Court of Appeal
19 Cal. App. 3d 1040, 97 Cal. Rptr. 448 (1971)
- Written by Sheryl McGrath, JD
Facts
Ray Mack and others (collectively, the riparian owners) (defendants) owned land on the Fall River. The riparian owners sought to preclude the public from using the portion of the river adjacent to their land. The local district attorney, Robert Baker (plaintiff), sued the riparian owners on behalf of the public for access to the river. The riparian owners argued that the river was not considered navigable because the river was not usable by commercial watercraft. The trial judge and the lawyers traveled the portion of the river involved in the case, using a 14-foot, flat-bottomed boat with a five-horsepower motor. The trial judge and the lawyers also examined the river from the air. The trial court later granted judgment in favor of Baker. The riparian owners appealed.
Rule of Law
Issue
Holding and Reasoning (Bray, J.)
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