Sierra Club v. Department of Parks & Recreation

Justice Felix Frankfurter once said; “ ‘Wise adjudication has its own time for ripening.’ ” (In re Marriage of Carpenter (2002) 100 Cal.App.4th 424, 429 [ 122 Cal.Rptr.2d 526 ], quoting Maryland v. Baltimore Radio Show (1949) 338 U.S. 912, 918 [ 94 L.Ed. 562, 566 , 70 S.Ct. 252 ].) Here, the trial court exercised judicial restraint, heeded Justice Frankfurter’s call, and ruled that the time was not ripe for appellant’s lawsuit.

Sierra Club appeals from a judgment dismissing its first amended petition for traditional writ of mandate (Code Civ. Proc., § 1085) and complaint for declaratory and injunctive relief (petition). The petition seeks to compel California’s Department of Parks and Recreation (State Parks) to amend its general development plan for the Océano Dunes State Vehicular Recreational Area (General Development Plan) and ban off-highway vehicle (OHV) recreational activities on property leased from the County of San Luis Obispo (County). Sierra Club claims that the General Development Plan conflicts with County’s local coastal plan map which refers to the leased property as a “buffer area.” Sierra Club claims this is a nonvehicle area. The trial court sustained…