City of Lafayette v. County of Contra Costa

Caution
154 Cal. Rptr. 374·1979 Cal. App. LEXIS 1619·91 Cal. App. 3d 749
Court of Appeal of CaliforniaApril 10, 1979Civ. 41550California2,871 words

Opinion

Opinion

Elkington, J.

The City of Lafayette (City) brought a declaratory relief action against the County of Contra Costa (County) seeking a judicial declaration “that it has the right to close Happy Valley Road within the City limits to through traffic and is entitled to do so by any means authorized or permitted by law including the installation of a traffic diverter.” It appeals from an adverse judgment of the superior court which was entered in the action.

Evidence at the trial, as condensed by the City’s appellate briefs, disclosed the following. “For several years, the City of Lafayette (‘City’) has been concerned with problems of pedestrian safety, vehicle accidents, injuries and pollution due to heavy use of Happy Valley Road (hereinafter sometimes ‘Road’). In spite of numerous safety measures and improvements undertaken by the City, problems with the use of Happy Valley Road persisted and increased. [¶] in January 1975, the Lafayette City Council voted to close Happy Valley Road to through traffic except for drivers with an established need to use the Road. The City Council determined that this was the best way of promoting safe use of the Road while reducing the hazards caused by…

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