CISA

Citizens for Improved Sorrento Access, Inc. v. City of San Diego

Good Law
118 Cal. App. 4th 808·13 Cal. Rptr. 3d 259·2004 Cal. App. LEXIS 741·2004 Daily Journal DAR 5780·2004 Cal. Daily Op. Serv. 4149
Court of Appeal of CaliforniaMay 14, 2004D043024, D043187California4,377 words

Opinion

Opinion

Haller, J.

Citizens For Improved Sorrento Access, Inc. and several individuals (collectively CISA) brought two actions against the City of San Diego (City) challenging the City’s decision to close a portion of a public street to vehicular traffic. The superior court found in City’s favor in both of these lawsuits. CISA appeals from both judgments. CISA’s main appellate contention is that the City had no discretion to close the road because a substantial number of drivers would use the road if it remained open. In the published portion of this opinion, we reject this contention and hold the City had the authority to close the road based on its legislative determination the road was no longer necessary for vehicular traffic. In the unpublished portion, we reject CISA’s challenges to the City’s related certification of the environmental impact report (EIR) and amendment of its general plan. We affirm the judgments.

FACTUAL AND PROCEDURAL SUMMARY

Sorrento Valley Road is located near the intersection of Interstate 5 (1-5) and Interstate 805 (1-805). In late 1995, Caltrans closed a one-mile portion of Sorrento Valley Road to permit nearby construction of State Route 56 near 1-5. The…

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