City Council Members, MUST READ:
> Re: Parking Rights of the business/store owners in Downtown Menlo Park CA
> Mayor Nash and Council members:
> You MUST abide by California Law:
> Your plans to build apartments on the Downtown Parking lots in disregard of the clearly established legal rights of the Business/Store owners; is NOT legal.
> Because:
> It violates the
> "Prescriptive Easement" Rights of the Adjacent Store and Office owners.
> Explanation:
> A "prescriptive easement" is acquired through long-term use of someone elses land; It grants a right of use.
> Under California Civil Procedure Code Section 321 and established case law (see 35 Cal.3d 564 below) it is established by continuous and uninterrupted use for at least five years; openly and obvious enough that the owner would notice such use.
> Note: Real EstateTax payment is not required.
> One (of many) case laws establishing the rights of the store owners:
> Warsaw v. Chicago Metallic Ceilings, Inc. (1984) 35 Cal.3d 564 is a leading California Supreme Court decision. It confirms the elements of "Prescriptive Easement Rights" and holds that continuous use over a long period (5 or more years) without the landowner’s interference is presumptive evidence of a prescriptive easement;
> The City of Menlo Park will lose in the pending lawsuit on this issue, alone.
> Your unlawful plans have divided and angered the residents of this otherwise law abiding town.
> Please resolve this divisive issue by abandoning your plans to build apartments on our parking lots that have an established legal claim that restricts your right to build on the parking plazas.
(And stop spending tax payer money on these parking lot plans)
> IF you disagree with this analysis of the law and facts, please respond to me in writing, with a detailed explanation.
> Respectfully Submitted,
> Michael C. DeMoss,
> Resident,
> Commercial Real Estate Attorney, Former Finance & Audit Commission member.
> (Some Research assisted by A I. )
>
> Sent from my iPhone
