San Diego Unified Port District v. Gallagher
California Court of Appeal
1Opinion of the Court
Opinion
McINTYRE, J.
Factual and Procedural Background
San Diego Unified Port District (the District) was granted a summary judgment in its action for injunctive and declaratory relief against John Gallagher, for anchoring his two boats in Glorietta Bay in violation of San Diego Unified Port District Code section 4.30, 4.35 or 4.40. The court found Gallagher’s walking disability, which rendered him unable to handle the wind, waves and wake at the District’s designated long-term free anchorage, failed to create a triable issue under the federal Americans with Disabilities Act (hereafter ADA) (42…
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