Cornelius

Cornelius v. Los Angeles County Metropolitan Transportation Authority

Good Law
1996 Cal. App. LEXIS 978·49 Cal. App. 4th 1761·57 Cal. Rptr. 2d 618·96 Daily Journal DAR 12690·96 Cal. Daily Op. Serv. 7712
Court of Appeal of CaliforniaOctober 17, 1996B094962California7,640 words

Opinion

Opinion

Vogel, J.

Introduction

This lawsuit involves a constitutional challenge to an affirmative action program implemented by the Los Angeles County Metropolitan Transportation Authority. Relying upon recent precedent from the United States Supreme Court, the trial court found that the individual initiating the lawsuit had standing to raise the constitutional claim and that the challenged program did not pass constitutional muster. The court entered an injunction barring further implementation of the program and awarded the plaintiff attorney fees. We issued a writ of supersedeas to stay enforcement of the injunction pending resolution of this appeal. We now reverse because we find that the plaintiff lacked standing, either as an individual injured by the program or as a taxpayer, to challenge the program.

Factual and Procedural Background

The lawsuit was initiated by Michael Cornelius (Cornelius), a licensed engineer. The defendants are the Los Angeles County Metropolitan Transportation Authority and its chief executive officer (collectively MTA). The action challenges the Disadvantaged Business Enterprise Program (DBE program), a program with which MTA must comply in order to…

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