Jaime A. Scher, Plaintiffs and Appellants v. John F. Burke, Defendants and Appellants.

Summary

The court held that Civil Code section 1009, subdivision (b) bars an implied dedication of private noncoastal property based on any post-1972 public use, including nonrecreational use of roadways. The statutory text is categorical and does not distinguish recreational from nonrecreational use, and the legislative history supports that reading. The court affirmed the Court of Appeal's judgment directing entry of judgment for defendants.