Judge rules against Malibu in Escondido Falls trail fight Play

There's no reaction from the city of Malibu, but the MRCA has put out a press release full of joy over the court victory it won Tuesday. That's when a judge in L.A. ruled that Malibu waited way too long to try to assert ownership of a trail up Winding Way between PCH and Escondido Falls.

Judge Michael E. Whitaker ruled that the Mountains Recreation and Conservation Authority can continue to allow hikers to cross what residents contend is their private property, the Winding Way Trail.

Judge Whitaker contended that Malibu waited way too long — more than 30 years after it was incorporated — to try to assert city ownership of the Escondido Falls Trail, and during that period the city was acting as if it agreed that the MRCA owns and controls it.

Malibu was also relying on a state law that supposedly transfers ownership of a public street to a newly incorporated city when it's created, but the judge said that law does not apply to a recreational trail. Judge Whitaker dismissed Malibu's claims as a creative legal argument that strains credulity.

The ruling was on Tuesday. On Wednesday morning, the MRCA put out a joyful press release shaming Malibu. No comment yet from Malibu City Hall.