SAN BERNARDINO ASSOCIATED GOVERNMENTS v. Superior Court

Real parties in interest filed a petition/complaint for writ of mandate, injunctive relief, and declaratory relief (petition), in the superior court seeking to compel the San Bernardino County Board of Supervisors (Board) to conduct an environmental review before placing a sales tax measure on the November 4, 2004, ballot. Alternatively, if the sales tax measure was passed by the voters, to prevent the implementation of the measure. Petitioners filed a demurrer to the petition, which the trial court overruled. Petitioners now seek a writ of mandate ordering the trial court to reverse its decision and sustain the demurrer. For the reasons discussed post, we grant the petition.

BACKGROUND

In 1987, the Legislature enacted the Local Transportation Authority and Improvement Act (Act) authorizing each county board of supervisors to create or designate a local transportation authority (authority). (Pub. Util. Code, § 180000 et seq., enacted by Stats. 1987, ch. 786, § 1, p. 2460.) The Act empowers an authority to impose a sales tax in the county to fund local transportation needs and to issue bonds to be paid from the sales tax. The authority must fulfill three prerequisites…