Wiley v. City of Berkeley

This is an appeal from a judgment entered upon an order sustaining a demurrer without leave to amend, to the first amended complaint in an action brought to enjoin the city of Berkeley from using a public park as a site for a firehouse. It is appellant’s position that the appropriation of dedicated park lands to uses other than park purposes is a nonmunicipal affair and that the abandonment of park lands or a change in their use is regulated exclusively by state law unless such power has been expressly delegated by the Legislature to the city in its charter.

The complaint alleged that…