Appellate Group in Calif. Supreme Court Win for State Parks
Publication Date: May 18, 2009
Third straight win for team before California’s High Court this year
(SAN FRANCISCO, May 15, 2009)—Reed Smith’s appellate team has won another one before the California Supreme Court in S159319 Ste. Marie v. Riverside County Regional Park & Open Space Dist.
The Court has reversed a Court of Appeal decision that would have required voter approval every time a park district wishes to convey an interest in real property to a third party. The Riverside County Regional Park & Open Space District retained Reed Smith to seek review after an adverse court of appeal decision in opposition of its conveyance of land to the Riverside Community College District.
The Court granted review of our petition in February 2008 after many park districts around the state weighed in with amicus letters arguing that the Court of Appeal decision would severely impede their ability to convey property, and arguments were heard in March.
If the ruling had been left standing, California’s State Parks would have been forced to hold special elections over most land transfers, including those that seek to resolve minor border disputes, which are routine.
In its unanimous decision, the Court recognized that the case “will have a profound effect” on how park and open space districts manage their real property holdings.
“We are gratified that the Court upheld the rights of California’s State Parks today, to properly administer the conveyances of land within their communities,” said Reed Smith appellate attorney Dennis Maio in San Francisco, who represented the Park District.
“The Court has wisely seen that calling for costly special elections over potentially minor disputes, would have been a costly bureaucratic nightmare for the state, especially in this time of economic crisis,” he added.
This is Reed Smith’s 3rd win before California’s High Court this year, following wins for Sprint in S153846 Meyer v. Sprint Spectrum, and for Jeld-Wen, Inc. in S163430 Keener v. Jeld-Wen, Inc.
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