Abbot Kinney Co. v. City of Los Angeles

53 Cal.2d 52 (1959) 346 P.2d 385 ABBOT KINNEY COMPANY (a Corporation) et al., Plaintiffs and Appellants,

v.

CITY OF LOS ANGELES, Defendant and Appellant.

Docket No. L.A. 25166. Supreme Court of California. In Bank.

November 17, 1959. [53] Paul R. Hutchinson and Davis & Davis for Plaintiffs and Appellants.

O'Melveny & Myers, Pierce Works and Robert B. Krueger as Amici Curiae on behalf of Plaintiffs and Appellants.

[54] Roger Arnebergh, City Attorney, Bourke Jones and Ralph J. Eubanks, Assistant City Attorneys, for Defendants and Appellants.

Stanley Mosk, Attorney General, Jay L. Shavelson and S. Clark Moore, Deputy Attorneys General, as Amici Curiae on behalf of Defendants and Appellants.

SPENCE, J.

Plaintiffs brought this action to quiet title to certain property in Venice, and recovered judgment. Defendant's motion for a new trial was granted. Plaintiffs appeal from the order granting a new trial. Defendant appeals from the original judgment.

In 1904 four men — Abbot Kinney, A.R. Fraser, G.M. Jones, and H.R. Gage — owned most of the area along the shore of Santa Monica Bay. The four associates, seeking to promote and develop their properties as a beach resort, conveyed to the city of Ocean Park (which in 1911 changed its name to Venice and in 1925 was consolidated with the city of Los Angeles) 15 contiguous fractional lots fronting on the beach.

The lots were conveyed to the city: "To Have and To Hold ... in the hereinafter named trust, forever, as a pleasure park or beach for the use, benefit and enjoyment of the public in general and particularly the inhabitants of said City and the owners of the property lying adjacent to the property hereinbefore described; provided, that this conveyance is made upon the condition that no house or houses or building of any kind or character, or miniature, steam, street, or electric railway or roadway, or any gas, water or sewer pipe shall ever be erected, constructed, laid, maintained or operated, or be permitted or allowed to be erected, constructed, laid, maintained, or operated, in, along, upon or over said lands or any part thereof; and that no games of any kind shall ever be permitted to be conducted or carried on upon said lands or any part thereof, and said lands and every part thereof must at all times be kept free from teaming, open and unobstructed for the use and enjoyment of the public and as a pleasure park or beach, and said property shall be kept clean at said City's expense.