City of Carmel-By-The-Sea v. Young

I dissent. The majority opinion cannot be supported either procedurally or substantively.

I

At the threshold we should note the posture of this “litigation.” I employ quotation marks because the parties to this proceeding adopted a convivial atmosphere indicating that the lawsuit was contrived, that there is no legitimate controversy, that the rights of no individuals are involved, that the parties are friendly and not adversary, and that they are invoking the jurisdiction of the court merely for an advisory opinion. As recently as People ex rel. Lynch v. Superior Court (1970) 1 Cal.3d 910,…