Stanson

Sam Stanson appeals a judgment of dismissal entered after a demurrer to his complaint was granted without leave to amend.

Stanson challenged the passage of the State Beach, Park, Recreational and Historical Facilities Bond Act of 1974 (Bond Act) (Pub.-Resources Code, §§ 5096.71-5096.100). The Bond Act was presented to the electorate in June 1974 as Proposition 1 pursuant to California Constitution, article XVI, section 1. The proposition passed by a margin of 885,317 votes, with a total of 4,460,431 votes cast on the measure.

In his complaint Stanson alleged the Director of Parks and Recreation improperly spent public monies to promote passage of the Bond Act and requested the trial court set aside the election and enjoin the State Treasurer from issuing any bonds under the Act. Specifically, Stanson alleged the Parks and Recreation Director (1) authorized the expenditure of public funds to promote public support for the bond issue, (2) made speeches supporting the issue, (3) misstated the capacity of the proposed park facilities, and (4) misstated budgetary figures.of his department relating to planning and park acquisition (thus misleading the public as to the real…