Johnston

Johnston v. SONOMA COUNTY AGR. PRESERVATION

Good Law
100 Cal. App. 4th 973·123 Cal. Rptr. 2d 226
Court of Appeal of CaliforniaAugust 22, 2002A097121California6,133 words

Opinion

Opinion

Brien J. Farrell, City Attorney, Patrick C. Wilson, Assistant City Attorney, City of Santa Rosa, Counsel for Real Party in Interest and Respondent (City of Santa Rosa).

Law Office of J. William Yeates, J. William Yeates, Fair Oaks, Mary U. Akens, Keith G. Wagner, Counsel for Real Parties in Interest (National Audubon Society and Madrone Audubon Society).

Daniel P. Selmi, Counsel for Amici Curiae (Defense of Place, Friends of the Russian River, Northern California River Watch, and Town Hall Coalition in support of Appellant).

MARCHIANO, P.J.

John R. Johnston, a Sonoma County landowner, appeals from an order denying his petition for writ of mandate against respondent Sonoma County Agricultural Preservation and Open Space District. Appellant sought the writ to set aside the District's approval of the conveyance of a utility easement to real party in interest City of Santa Rosa across a portion of the Mayacamas Mountain Sanctuary, owned by real party in interest National Audubon Society but subject to a "Forever Wild" conservation easement held by the District.

This is a case of first impression. The positions of the parties are straightforward: appellant contends the conveyance…

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