Malick v. Department of Transportation

Opinion

ANDERSON, P. J.

Plaintiff Laura Malick (appellant) appeals from a judgment that dismissed her petition for a writ of mandate to command the Department of Transportation; James W. van Loben Seis, Director; and Preston Kelley, Director, District #4 (respondents), to cease building sound walls on Scenic Highway Interstate 680 and to remove those already installed. A demurrer to the petition had been sustained without leave to amend.

Appellant contends: (1) “The decision that no law prohibits sound walls on scenic highways is refuted by the mandate for scenic conservation in the Scenic…