Phillips v. Laguna Beach Co.

The appeal is from the judgment.

The plaintiff filed her complaint asking for an injunction to prevent the defendants from selling, transferring or encumbering the land comprising a part of the tract known as "Laguna Cliffs." The part of the tract which the defendants were to be enjoined from selling is described as blocks 34, 25, 17 and 1, and lot 37 in block 2, comprising the ocean frontage of the subdivision of the land according to the map made by the Laguna Beach Company, filed in the recorder's office, and designated as "Laguna Cliffs." The contention of the plaintiff was that the land so described had been dedicated to the use of the public for park purposes. It is claimed that the defendant Laguna Beach Company made a formal dedication of the tract by resolution entered upon their minutes and that there was a subsequent acceptance thereof by the public.

The plaintiff is the owner of lot 4, block 18 of Laguna Cliffs. The interveners own lot 4 of block 8, lot 5 of block 17, and lot I of block 18, in said subdivision, and they join in the prayer of the complaint that the defendants be enjoined from selling, disposing or encumbering the part of the tract which it is claimed the defendant Laguna Beach Company dedicated to the public for park purposes.

The plat was filed on April 19, 1906. On September 20, 1906, the board of directors of the Laguna Beach Company passed a resolution in the following words:

"On motion made by Leonard Merrill and seconded by Ferdinand Thum, it was resolved that all property south and west of the street marked 'Cliff Drive,' and the street marked 'Spring Street,' as shown on a map of Laguna Cliffs, between the cast line and Boat Canyon, shall be reserved for park purposes and not sold by anybody at any time, except such part of block one as lies south of the south line of Spring Street and running parallel thereto 100 feet south of said south line, and excepting also lot 1 in block 3, Laguna Cliffs.

[1] This, it is contended, constitutes the proposal to dedicate the property therein for park purposes. They also printed advertisements containing the statement that the entire ocean frontage had been reserved for park purposes, and made some slight improvements to fit it for public use, consisting of erecting two small pavilions, and placing steps in two places where the land was steep. We regard this *Page 182 resolution as a present offer to dedicate the land described, and not as a statement that the land shall be dedicated at some future time. Hence it is sufficient in and of itself so far as the mere offer is concerned. The other acts and declaration are, of course, additional evidence of the intention to that effect.