Sierra Club v. Department of Parks & Recreation

Opinion

YEGAN, J.

Justice Felix Frankfurter once said; “ ‘Wise adjudication has its own time for ripening.’ ” (In re Marriage of Carpenter (2002) 100 Cal.App.4th 424, 429 [122 Cal.Rptr.2d 526], quoting Maryland v. Baltimore Radio Show (1949) 338 U.S. 912, 918 [94 L.Ed. 562, 566, 70 S.Ct. 252].) Here, the trial court exercised judicial restraint, heeded Justice Frankfurter’s call, and ruled that the time was not ripe for appellant’s lawsuit.

Sierra Club appeals from a judgment dismissing its first amended petition for traditional writ of mandate (Code Civ. Proc., § 1085) and complaint for…