Legal Opinion

San Diego Unified Port District v. Gallagher

California Court of Appeal

Decided March 23, 1998No. D025959PublishedCited by 1 opinion

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…

2Cases cited23 opinions

  1. School Bd. of Nassau Cty. v. ArlineSupreme Court of the United States · 1987
  2. Terry J. Shiring v. Marvin T. Runyon, Postmaster General, United States Postal ServiceCourt of Appeals for the Third Circuit · 1996
  3. Michael A. Mengine v. Marvin Runyon, Post Master General, U.S. Postal ServiceCourt of Appeals for the Third Circuit · 1997
  4. Union Bank v. Superior CourtCalifornia Court of Appeal · 1995
  5. Vernon Crowder Stephanie Good v. Yukio Kitagawa, Chairman, Board of Agriculture, State of Hawaii Calvin LumCourt of Appeals for the Ninth Circuit · 1996

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3Cited by1 opinion

  1. Mastandrea v. NorthCourt of Appeals of Maryland · 2000

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