Filed 3/17/06 Bunton v.
Barber CA1/1
NOT TO BE
PUBLISHED IN OFFICIAL REPORTS
977(a), prohibits courts and parties from citing or relying on opinions not
certified for publication or ordered published, except as specified by rule
977(b). This opinion has not been certified for publication or ordered
published for purposes of rule 977.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE
DISTRICT
DIVISION ONE
TERENCE BUNTON et al.,
Plaintiffs, Cross-defendants
and Appellants,
v.
MICHAEL BARBER,
Defendant, Cross-complainant
and Appellant.
A106932
(Marin County
Super. Ct. No. CV 021980)
ORDER
MODIFYING OPINION AND DENYING REHEARING
[NO
CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the
opinion filed herein on February 15, 2006, be modified as follows:
1. On page 26,
add as footnote 11, at the end of the first sentence in section IV.
DISPOSITION:
11 In a petition for rehearing, Mr. Barber sought
reinstatement of certain provisions of paragraph Nos. 6, 7, and 8 of the trial
court's statement of decision that limited the right of the Buntons to alter
and improve the roadway, remove obstacles, and trim overhanging brush. The
trial court is directed to vacate these provisions because they are potentially
inconsistent with an easement owner's right to take actions, including such
improvements as grading and paving, â€
| Description | Real property case. |
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