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JOHNSTON v. SONOMA COUNTY AGR. PRESERVATION

No. A097121.

123 Cal.Rptr.2d 226 (2002)

100 Cal.App.4th 973

John R. JOHNSTON, Plaintiff and Appellant, v. SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT et al., Defendants and Respondents; City of Santa Rosa et al., Real Parties in Interest and Respondents.

Court of Appeals of California, First District, Division One.

As Modified August 22, 2002.

Review Denied October 30, 2002.

Attorney(s) appearing for the Case

Shute, Mihaly & Weinberger, Rachel B. Hooper, San Francisco, Robert S. Perlmutter, Brian J. Johnson, Moscone, Emblidge & Quadra, G. Scott Emblidge, San Francisco, Robert D. Sanford, Counsel for Plaintiff and Appellant (John R. Johnston).

Steven M. Woodside, County Counsel, Sue A. Gallagher, Deputy County Counsel, County of Sonoma, Counsel for Defendants and Respondents (Sonoma County Agricultural Preservation and Open Space District and Board of Directors of SCAPOSD).

Brien J. Farrell, City Attorney, Patrick C. Wilson, Assistant City Attorney, City of Santa Rosa, Counsel for Real Party in Interest and Respondent (City of Santa Rosa).

Law Office of J. William Yeates, J. William Yeates, Fair Oaks, Mary U. Akens, Keith G. Wagner, Counsel for Real Parties in Interest (National Audubon Society and Madrone Audubon Society).

Daniel P. Selmi, Counsel for Amici Curiae (Defense of Place, Friends of the Russian River, Northern California River Watch, and Town Hall Coalition in support of Appellant).

MARCHIANO, P.J.

John R. Johnston, a Sonoma County landowner, appeals from an order denying his petition for writ of mandate against respondent Sonoma County Agricultural Preservation and Open Space District. Appellant sought the writ to set aside the District's approval of the conveyance of a utility easement to real party in interest City of Santa Rosa across a portion of the Mayacamas Mountain Sanctuary, owned by...

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