Opinion
No. B304347.
01-25-2022
CAROLYN PAPPAS et al., Plaintiffs and Appellants, v. STATE COASTAL CONSERVANCY et al., Defendants and Respondents,GAVIOTA COASTAL TRAIL ALLIANCE, Intervener and Appellant.
[Modification of opinion (73 Cal.App.5th 310, ___ Cal.Rptr.3d ___), upon denial of rehearing.]
THE COURT.—The opinion in the above-entitled matter filed on December 28, 2021, is modified as follows:
1. On page 16 [73 Cal.App.5th 321, advance report, 2d par., lines 7-11], first full paragraph, the fifth sentence beginning with "Alternatively, Hollister characterized" is deleted and replaced with the following:
Alternatively, Hollister contended that whatever rights the OTD conveyed did not fit within the statute's express definition of "`state land,'" i.e., "a fee, title, easement, deed restriction, or other interest in land." (§ 30609.5, subd. (e).)
2. On page 17 [73 Cal.App.5th 322, advance report, 2d par., lines 4-6], second full paragraph, the third sentence beginning with "Whether the OTD" is deleted and replaced with the following:
Whether the OTD created an irrevocable license in favor of the public was an open issue when the trial court ruled on the Alliance's motion for judgment.
This modification does not change the judgment.
Appellant's petition for rehearing is denied.