Alameda Conservation Association v. State of California

Good Law
437 F.2d 1087
United States Court of Appeals for the Ninth CircuitApril 19, 197122961California6,199 words

Opinion

Opinion

Trask, J.

The Alameda Conservation Association and eight of its members appeal from the dismissal of their action brought against the State of California, the Leslie Salt Company and others in the District Court for the Northern District of California.

The Association is a non-profit corporation having as one of its purposes the protection of the public interest in the waters of San Francisco Bay. The eight individual plaintiffs are among its members.

By their First Amended Complaint the plaintiffs seek: (1) to enjoin the defendants from completing a land exchange; (2) to declare 1959 California Statutes Chapter 1885 unconstitutional; (3) to enjoin Leslie Salt Company from filling or obstructing the bay; (4) to secure a general declaration of the rights of the people to the waterways and wildlife areas of the bay; (5) finally, to impanel a three-judge court.

The jurisdiction of the district court was invoked by the complaint under:

The defendants moved to dismiss the action and to discharge two previously issued orders to show cause. The district court on April 2, 1968, granted the defendants’ motion for failure of the complaint to state a claim upon which relief could be granted and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.