ROLFE v. CALIFORNIA TRANSPORTATION COM.

No. D038865.

127 Cal.Rptr.2d 871 (2002)

104 Cal.App.4th 239

Allison ROLFE et al., Plaintiffs and Appellants, v. CALIFORNIA TRANSPORTATION COMMISSION et al. Defendants and Respondents; San Diego Regional Transportation Commission et al. Real Parties in Interest and Respondents.

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

December 11, 2002.


Attorney(s) appearing for the Case

Law Offices of Thomas D. Mauriello, Thomas D. Mauriello, San Francisco; Law Offices of Marco A. Gonzalez and Marco A. Gonzalez for Plaintiffs and Appellants.

John J. Sansone, County Counsel, and Thomas D. Bunton, Deputy County Counsel, for Defendant and Respondent County of San Diego.

Nossaman, Guthner, Knox & Elliott, LLP, Robert D. Thornton, John J. Flynn III and Maryela Martinez, Irvine, for Defendants and Respondents California Transportation Ventures, Koch Industries, Parsons Brinckerhoff, Transroute Corporation, Egis Project and San Diego Expressway L.P.

Bruce A. Behrens, Sacramento, Jeffrey A. Joseph, San Diego, David J. Pettigrass, and John Frederick Smith for California Department of Transportation and California Transportation Commission.

Daley & Heft, Robert W. Brockman, Jr.; Scott E. Patterson, Solana Beach; John M. Kaheny, City Attorney, and Bart C. Miesfeld, Deputy City Attorney, for Real Party in Interest and Respondent City of Chula Vista.

Julie D. Wiley for Real Party in Interest and Respondent San Diego Regional Transportation Commission.


McCONNELL, J.

The issue in this case is whether Public Resources Code 1 section 5096.27 requires the California Department of Transportation (Caltrans) to obtain legislative approval before acquiring park property from the County of San Diego (the County) and converting it to nonpark use, when the County purchased the property under the Cameron-Unruh Beach, Park, Recreational, and Historical...

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