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CITIZENS AGAINST GATED ENCLAVES v. WHITLEY HEIGHTS CIVIC ASS'N

Docket No. B077760.

23 Cal.App.4th 812 (1994)

28 Cal. Rptr.2d 451

CITIZENS AGAINST GATED ENCLAVES et al., Plaintiffs and Respondents, v. WHITLEY HEIGHTS CIVIC ASSOCIATION, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

March 23, 1994.

Attorney(s) appearing for the Case

COUNSEL

Latham & Watkins, David F. Faustman and Alyssa J. Allen for Defendant and Appellant.

Ronald A. Zumbrun, James S. Burling and Orrin F. Finch as Amici Curiae on behalf of Defendant and Appellant.

Hall & Associates, Carlyle W. Hall, Jr., Leon Dayan, Gus T. May and Brent N. Rushforth for Plaintiffs and Respondents.

OPINION

WOODS (Fred), J.

Defendant Whitley Heights Civic Association (Association), an association of homeowners, appeals from a judgment in favor of plaintiff Citizens Against Gated Enclaves (CAGE) and two individual plaintiffs. The court found that pursuant to Vehicle Code section1 21101.6, the Association was prohibited from placing gates on its streets.

The Association contends that since the...

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