City of South Pasadena v. Department of Transp.

Opinion

NICHOLSON, J.

For 30 years, the state has attempted to build a freeway through South Pasadena (the City). However, that attempt has been unavailing because the City has refused to enter into freeway agreements required by statute. (See Sts. & Hy. Code, § 100.2; hereafter undesignated code citations are to the Streets and Highways Code.) In 1982, section 100.4 was enacted to allow the Department of Transportation (Caltrans) to build the freeway without the City’s consent. However, section 100.4 contained time limitations, requiring Caltrans and the California Transportation Commission…