Householder

Plaintiff is an instructor at Humboldt State College. He brought this action to enjoin imposition of a fee for parking of his own automobile, and those of other staff members, on the grounds of the college. Injunction was granted and defendants appeal from the judgment.

The trial court held that there was no statutory authority for charging parking fees to staff members. This issue, however, has since been determined adversely to plaintiff (Linnell v. State Dept. of Finance, 203 Cal.App.2d 465 [ 21 Cal.Rptr. 785 ] and petition for hearing by the Supreme Court has been denied. In that decision, the applicable statutes were construed, and it was determined that the necessary authority existed. It is unnecessary to restate here the reasoning of that decision.

Plaintiff, however, argues that an alternative ground of decision in the instant case requires affirmance, despite the rule of Linnell .

Two code sections (Gov. Code, § 13109; Ed. Code, § 24103) are relied on by Linnell to establish authorization for the regulation (Cal. Admin. Code, tit. 5, § 953.5) requiring payment of parking fees by staff members. Plaintiff argues that the Education Code section, since it refers…