Brown Derby Hollywood Corp. v. Hatton

In Brown Derby Hollywood Corp. v. Hatton (1964) 61 Cal.2d 855, the court stated that the servient owner did not contend that "any of its present plans are hampered by the encroachment." (Brown Derby Hollywood Corp., at p. 860.) The court concluded that the trial court properly relied on present use, but it did not state that it would be improper to consider planned used. (Ibid.)