Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

The Hays (D) were owners of oceanfront property which they used as a tourist facility. The portion of the beach which they attempted to enclose was part of the dry-sand area and was included in the legal description of their property. In attempting to enjoin the enclosure of the dry-sand area, the state (P) argues first that, although D does have title to the dry-sand area, such title is encumbered by a superior right in the public to use the area for recreational purposes; and that, even if the area is not encumbered, P has the power to prohibit any construction on the area pursuant to zoning regulations. The trial court found for P, holding that the public had acquired a prescriptive easement in the dry-sand area for recreational purposes.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.