City of South Pasadena v. Department of Transp.

For 30 years, the state has attempted to build a freeway through South Pasadena (the City). However, that attempt has been unavailing because the City has refused to enter into freeway agreements required by statute. (See Sts. & Hy. Code, § 100.2; hereafter undesignated code citations are to the Streets and Highways Code.) In 1982, section 100.4 was enacted to allow the Department of Transportation (Caltrans) to build the freeway without the City’s consent. However, section 100.4 contained time limitations, requiring Caltrans and the California Transportation Commission (the Commission) to complete the steps leading up to and including the selection of the route for the freeway.

Twelve years after enactment of section 100.4, Caltrans and the Commission had not completed the route selection process. In this declaratory and injunctive relief action, the City requested the trial court to declare that the time for selecting a route has expired. The City also asked the court to enjoin further planning, route approval, and construction of any such freeway. In response, Caltrans requested a declaration that time for selecting a route under section 100.4 has not expired.

The…