Does the doctrine of stare decisis apply to a rule of property?

California, United States of America


The following excerpt is from City of Los Angeles v. City of San Fernando, 123 Cal.Rptr. 1, 14 Cal.3d 199, 537 P.2d 1250 (Cal. 1975):

The doctrine of stare decisis applies with special force to rules of property on which those engaged in business transactions have relied in [14 Cal.3d 241] gauging the probable returns on their acquisitions and investments. (See Abbott v. City of Los Angeles (1958) 50 Cal.2d 438, 456--457, 326 P.2d 484.) The pueblo water right has been declared to be such a rule of property. (City of San Diego v. Cuyamaca Water Co., supra, 209 Cal. at p. 122, 287 P. 475.) In considering defendants' ardent contention that the pueblo right should be repudiated, we now examine the nature and extent of plaintiff's reliance on the pueblo right in the development of its water supply and the practical consequences that would attend its abandonment.

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