McKee

McKee v. Orange Unified School District

Good Law
110 Cal. App. 4th 1310·2 Cal. Rptr. 3d 774·2003 Cal. App. LEXIS 1160·2003 Daily Journal DAR 8430·2003 Cal. Daily Op. Serv. 6732
Court of Appeal of CaliforniaJuly 29, 2003G030931California3,921 words

Opinion

Opinion

Fybel, J.

Richard R McKee appeals from the trial court’s order denying his petition for entry of a writ of mandate based on the Orange Unified School District’s (OUSD) alleged violations of the Ralph M. Brown Act (Brown Act), Government Code section 54950 et seq. (All further statutory references are to the Government Code.) The trial court denied McKee’s petition because he “lacks standing to maintain this action as he is not a resident of the County of Orange and therefore, is not an ‘interested person,’ within the meaning of Government Code Sections 54960 or 54960.1.”

We conclude a citizen of the State of California is an “interested person” within the meaning of sections 54960 and 54960.1 and may sue a legislative body of a local agency as provided in those sections for violations of the Brown Act. We therefore reverse and remand the matter to the trial court for a determination on the merits of McKee’s petition.

BACKGROUND

OUSD owned Barham Ranch in Orange County (County). Barham Ranch, which consisted of over 500 acres of undeveloped land, was bordered by County parklands on the north, south, and west. OUSD hoped to acquire an easement over County parklands to provide a…

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