Don't Cell Our Parks v. City of San DiegoAnnotate this Case
Verizon Wireless obtained approval from the City of San Diego (the City, together respondents) to construct a wireless telecommunications facility (WCF, the Project) in Ridgewood Neighborhood Park (the Park), a dedicated park. Don't Cell Our Parks (DCOP), a not-for-profit entity, filed a petition for writ of mandate challenging the City's determination. The trial court denied the petition, concluding that under San Diego City Charter section 55 (Charter 55), the City had control and management of dedicated parks and the discretion to determine whether a particular park use would change the use or purpose of the Park and thus require a public vote. The Court of Appeal concluded the Project did not constitute a changed use or purpose that required voter approval. DCOP also claimed the Project did not qualify under the California Environmental Quality Act (CEQA) for a categorical exemption under CEQA Guidelines section 153031 which pertained to the construction of new small facilities. The Court rejected this argument too, and thus affirmed the trial court in full.