Brian J. Vesce and Allyson Vesce have filed a lawsuit against the City of Lafayette, in the First Appellate District Division One court in California. The case, identified as A167725 and dated April 25, 2024, revolves around a property dispute involving a right-of-way easement.
The Vesces purchased a residential property on Happy Valley Road in Lafayette in 2016. Their property includes an entry drive known as the "Dips," which pedestrians use as a shortcut between Happy Valley Road and Glen Road. Seven other properties nearby also have the right to use the Dips for access.
The controversy began when the Vesces noticed people using the Dips to cross between Happy Valley Road and Glen Road after they moved into their property in 2017. After several confrontations with pedestrians, they installed a "no trespassing" sign and fence, which was later vandalized. The City's assistant planning director acknowledged that the City had failed to provide the Vesces with a copy of a resolution before they purchased their property. This resolution contained an S-3 Access Condition mandating that the private right-of-way easement should be left open for pedestrian access.
The plaintiffs are seeking judgment against the City of Lafayette for failing to provide them with crucial information about their property's conditions prior to purchase. They are demanding clarification on who is entitled to access their property via the Dips.
Justices Castro, Humes and Banke all concurred that the previous judgment in favor of the City of Lafayette should be reversed and remanded to the lower court.