Olmstead

This is an action to enjoin the city council of the City of San Diego from constructing a road through Torrey Pines Park. At the time the action was filed the main highway between Los Angeles and San Diego ran through a portion of the park. The highway contained many curves and, becoming inadequate for the traffic thereover, the city council were preparing to construct a new highway through the park area involved in this action. The first question involved in the appeal is whether Torrey Pines Park is in fact a park. A consideration of this problem necessitates a brief sketch of the history of the lands involved.

The City of San Diego was originally a Spanish, and then a Mexican pueblo. The lands in question were a portion of the “Pueblo Lands” of the original town. Under the Spanish and Mexican law these “Pueblo Lands” were held in trust by the pueblo for the benefit of the community and could only be used and disposed of in accordance with the order and direction of the king or sovereign power. (United States v. Santa Fe, 165 U. S. 675 [ 41 L. Ed. 874 , 17 Sup. Ct. Rep. 472]; Ames v. City of San Diego, 101 Cal. 390 [ 35 Pac. 1005 ]; Richert v. City of San Diego, 109 Cal. App.…