Save Mile Square Park Committee v. County of Orange

Good Law
112 Cal. Rptr. 2d 536·2001 Cal. App. LEXIS 806·2001 Daily Journal DAR 11083·92 Cal. App. 4th 1142·2001 Cal. Daily Op. Serv. 8913
Court of Appeal of CaliforniaOctober 16, 2001No. G027787California2,215 words

Opinion

Lead Opinion

Bedsworth, J.

This is an action by a citizens group challenging a decision on how to use park lands. Save Mile Square Park Committee (SMSPC), a nonprofit corporation, argues the trial court improperly granted summary judgment in favor of the County of Orange and its Board of Supervisors, Cynthia P. Coad, James W. Silva, Charles V. Smith, Todd Spitzer and Thomas W. Wilson. 1 We disagree, and affirm.

Mile Square Park in Fountain Valley was originally a military airfield during World War n, built on a square mile of land purchased by the federal *1144 government. 2 The runways, forming a triangle, are at the center of the parcel, and we shall refer to this as the core area. It is at the center of this dispute.

In 1967, the federal government leased the area surrounding the core area; approximately 507 acres, to the county. The lease required the land to be used for park purposes, and the county created Mile Square Park. A golf course was built, occupying 145 acres. In 1973, the 507-acre tract was declared surplus land and sold to the county. Under the terms of that sale, the land was restricted to use for park and recreational purposes, and the National Park Service was made the arbiter…

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