Carsten

Carsten v. City of Del Mar

Bad Law
11 Cal. Rptr. 2d 252·1992 Cal. App. LEXIS 1032·8 Cal. App. 4th 1642·92 Daily Journal DAR 11854·92 Cal. Daily Op. Serv. 7322
Court of Appeal of CaliforniaAugust 25, 1992D015809California5,021 words

Opinion

Opinion

Kremer, J.

Defendants City of Del Mar and its council members Elliot Parks, Rod Franklin, Jan McMillan, Gay Hugo-Martinez, and Jacqueline Winterer (together Del Mar) appeal an order granting plaintiff Alfred Carsten’s request for a preliminary injunction barring Del Mar from commencing any work under its Neighborhood Traffic Control Plan (the Plan) involving the construction of “traffic medians, islands, or other barriers” on city streets. Del Mar contends the court erred in applying an incorrect legal standard to the facts before it and in granting a preliminary injunction without finding it was likely Carsten would prevail on the lawsuit’s merits. Del Mar also attacks as without substantial evidentiary support the court’s finding the relative hardships to the parties warranted injunctive relief. We reverse the order granting the preliminary injunction.

I

Facts

We interpret the facts in the light most favorable to Carsten as the prevailing party in the superior court. (Gleaves v. Waters (1985) 175 Cal.App.3d 413, 416-417 [ 220 Cal.Rptr. 621 ].)

In the summer of 1990, the Del Mar City Council adopted the Plan to slow traffic in the city’s residential corridors by installing…

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