Hutchinson

This appeal presents the question whether changed circumstances trigger a ministerial duty requiring a city to review and reevaluate a previously established speed limit on its streets. The trial court ruled there is such a ministerial duty and issued a writ of mandate directing the defendant City of Sacramento (City) to conduct engineering and traffic surveys of a segment of H Street and to consider such surveys and exercise its discretion in reevaluating the speed limit previously established for that street.

The City appeals, contending no such ministerial duty exists. The City asserts the decision whether and when to reevaluate an established speed limit is within its discretion and thus beyond the reach of the remedy of mandate. We agree with the City and reverse the judgment.

In 1973, the City adopted Ordinance No. 3259—Fourth Series (the 1973 ordinance) establishing speed limits for certain city streets. Included was that part of H Street between “Alhambra to [east] of 57th Street” as to which the 1973 ordinance established a speed limit of 35 miles per hour.

In November 1989, the City commissioned a private consulting firm to do a traffic study of a part of the…