4116 REVIEW DENIED Recreational use immunity protects a person who has an encroachment permit to build and use a driveway across a public riding trail from liability for injury that results from a condition of the driveway where it crosses the public trail; the statutory exception to immunity for one who has received a consideration generally requires that some payment be made to the defendant for admission.CitationMILLER v WEITZEN (Encroachment Permit) 133 CA4 732 [See: CivC 846; Ornelas v Randolph 4 C4 1095, T/AT 5/93; Hubbard v Brown 50 C3 189]
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