Ste. Marie v. Riverside Cty. Regional Park

No appearance for Real Party in Interest.

This appeal involves the interplay between two sections of Article 3, Chapter 3, Division 5 of the Public Resources Code [1] (§§ 5500 et seq.), entitled "Regional Park, Park and Open-Space, and Open-Space Districts" (Article 3). Both statutes are derived from legislation enacted in 1933 to implement the creation of regional park districts "for the purpose of acquiring, improving, and maintaining parks, playgrounds, beaches, park-ways, scenic drives, boulevards and other facilities for public recreation...." (Stats.1933, c. 1043, p. 2664.) [2] Section 5540 provides that a regional park and open-space district "may not validly convey any interest in any real property actually dedicated and used for park or open-space, or both, purposes without the consent of a majority of the voters of the district." Section 5565 provides that "legal title to all property acquired by the district ... shall immediately and by operation of law vest in the district, and shall be held by the district in trust for, and is dedicated and set apart for, the uses and purposes set forth in this article."

In 2003, eight years after acquiring 161 acres of…