California Aviation Council v. City of Ceres

Statement of the Case

California Aviation Council (Aviation Council) and Modesto Airport Pilots Association (Pilots) sought a writ of mandamus and filed a complaint for declaratory and injunctive relief in Stanislaus County Superior Court in May 1990. Named defendants were the City of Ceres (City), its city council, and individual council members (City Council).

Aviation Council and Pilots sought to have (1) City ordered to rescind City of Ceres Ordinance No. 89-744 adopted January 8, 1990 (ordinance); (2) a declaration the ordinance was not adopted in compliance with Public Utilities Code section 21676, subdivision (b); (3) a preliminary and permanent injunction staying the effectiveness of the ordinance until the propriety of its enactment had been established. The ordinance made a finding of consistency with regard to development of approximately 450 acres in the area of the Modesto airport.

Declaratory relief was sought in the second cause of action. Pilots and Aviation Council asked for a judicial determination of the rights and obligations of the parties, and for the court to declare the City Council’s failure to make specific findings to be an abuse of…