Rolfe

Rolfe v. California Transportation Commission

Good Law
104 Cal. App. 4th 239·127 Cal. Rptr. 2d 871·2002 Cal. App. LEXIS 5122·2002 Daily Journal DAR 13950·2002 Cal. Daily Op. Serv. 11888
Court of Appeal of CaliforniaDecember 11, 2002D038865California1,996 words

Opinion

Opinion

McConnell, J.

The issue in this case is whether Public Resources Code section 5096.27 requires the California Department of Transportation (Cal-trans) to obtain legislative approval before acquiring park property from the County of San Diego (the County) and converting it to nonpark use, when the County purchased the property under the Cameron-Unrah Beach, Park, Recreational, and Historical Facilities Bond Act of 1964 (the CameronUnruh Act). (§ 5096.1 et seq.) We answer the question in the negative, and, accordingly, affirm the judgment.

Background

State Route 125 South (SR125 South) is a proposed 11-mile toll road that would connect State Routes 54 and 905 in southern San Diego County. If SR125 South is built, the current alignment would require Caltrans, among others, to acquire from the County a portion of property referred to as Area 19, which is part of the Sweetwater Regional Park. The County bought Area 19 with a “state park bond fund” under the Cameron-Unruh Act.

In May 2000 Allison Rolfe and Preserve South Bay (together Rolfe) filed a petition for writ of mandate and complaint for injunctive relief against Caltrans and the County. Rolfe alleged that under section 5096.27,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.