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DON'T CELL OUR PARKS v. CITY OF SAN DIEGO

No. D071863.

21 Cal.App.5th 338 (2018)

DON'T CELL OUR PARKS, Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Respondent; VERIZON WIRELESS, Real Party in Interest and Respondent.

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

March 15, 2018.

Attorney(s) appearing for the Case

Law Office of Craig A. Sherman and Craig A. Sherman for Plaintiff and Appellant.

Jan I. Goldsmith and Mara W. Elliott , City Attorneys, and Glenn T. Spitzer , Deputy City Attorney, for Defendant and Respondent.

Gatzke Dillon & Balance and Kevin P. Sullivan for Real Party in Interest and Respondent.

OPINION

San Diego City Charter, article V, section 55 (Charter 55) provides that real property formally dedicated in perpetuity "for park, recreation or cemetery purposes shall not be used for any but park, recreation or cemetery purposes without such changed use...

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