Facts

Plaintiff Gary Schwirblat owned a residence on 6960 Pacific View Drive in Los Angeles, California while defendant Leon Franco owned an adjacent residence on 7002 Pacific View Drive. There was a public right of way and roadway in between the two properties for which Schwirblat obtained a permit for landscaping. Defendant city of Los Angeles revoked the Schwirblat's permit after neighbors complained and Schwirblat filed a second permit for a temporary construction fence. This permit was granted with the condition that it not exceed five feet of Schwirblat's property and not extend into the public roadway.

Schwirblat filed suit for nuisance and trespass. Franco filed a countersuit for damage to property and declaratory judgment.

PLAINTIFF'S CONTENTIONS:
Schwirblat contended that he owned the public right of way and sought to quiet title to the property. Schwirblat argued that an easement granted to city of Los Angeles was exceeded when they granted right of use to Franco.

DEFENDANTS' CONTENTIONS:
Franco countered that the area was a public right of way and Schwirblat's construction of temporary fencing that extended 15 feet into the right of way denied his use of the driveway and walkway.

Result

The court found in favor of Franco, with $7,500 in general damages and $1,306 in costs.