RECENT CALIFORNIA DECISIONS

August 2008

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Third District Holds Statutory Offer of Road Dedication May Be Revoked under Common Law to Preclude Acceptance by Public Use while Pending for Acceptance by Public Entity
Biagini v. Beckham, ___Cal.App.4th___

The plaintiff, Zora Biagini, cut down trees and other vegetation on adjacent property owned by the defendants, Kathie and Joe Beckham, and near a roadway that runs over the Beckhams’s property. Biagini sought injunctive relieve, asserting that she had the right to cut vegetation of the Beckhams’ property because the roadway had become a public road by virtue of public use following the Beckhams’ offer to dedicate it to the county. The Beckhams cross-complained to quiet title and for damages for trespass.