Legal Opinion

Don't Cell Our Parks v. City of San Diego

California Court of Appeal, 5th District

Decided March 15, 2018No. D071863PublishedCited by 15 opinions

1Opinion of the CourtNares, J.

*297*344San Diego City Charter 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 or purpose having been first authorized or later ratified by a vote of two-thirds of the qualified electors of the City [of San Diego] voting at an election for such purpose."

Verizon Wireless (Verizon) obtained approval from the City of San Diego (the City, together respondents) to construct a wireless telecommunications facility (WCF, the Project)…

2Cases cited25 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  3. Yamaha Corp. of America v. State Board of EqualizationCalifornia Supreme Court · 1998
  4. Hill v. National Collegiate Athletic Assn.California Supreme Court · 1994
  5. Berkeley Hillside Preservation v. City of BerkeleyCalifornia Supreme Court · 2015

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3Cited by15 opinions

  1. San Diegans for Open Gov't v. City of San Diego, California Court of Appeal, 5th District2018
  2. Westsiders Opposed to Overdevelopment v. City of L. A., California Court of Appeal, 5th District2018
  3. City & County of S.F. v. Public Employment Relations Bd.California Court of Appeal · 2026
  4. Concerned Citizens of Beverly Hills etc. v. City of Beverly Hills CA2/1California Court of Appeal · 2021
  5. Concerned Citizens of Beverly Hills/Bel Air v. City of Beverly Hills CA2/1California Court of Appeal · 2021

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