Hayward Area Planning Ass'n v. Alameda County Transportation Authority

I.

Introduction

Appellants Hayward Area Planning Association, Inc., and Citizens for Alternative Transportation Solutions appeal from the judgment entered after the trial court granted summary judgment to respondents Alameda County Transportation Authority (ACTA) and the California Department of Transportation (Caltrans). Appellants brought the underlying action contending respondents violated provisions of the Bay Area County Traffic and Transportation Funding Act (Pub. Util. Code, § 131000 et seq.) 1 by using revenue generated from a voter-approved sales and use tax to implement a highway extension project that contains a route or alignment significantly different from the one presented to the voters. Respondents were granted summary *99 judgment based on the argument that the voters do not have the right to determine the particular alignment or route for state highways; instead, that authority is exclusively within the jurisdiction of Caltrans. After examining the language and legislative history of the Act, as well as the ballot language submitted to the voters, we find this rationale insufficient to justify a departure from the unambiguous language used in the Act.…