California Court of Appeal

Judgment for defendant in action arising out of Proposition S and defendant's approval of installation of new stadium field lighting and other improvements at Hoover High School is: 1) reversed to the extent that the trial court dismissed the first cause of action for waste and misuse of Proposition S funds, and the second causes of action under CEQA, and remanded with directions that the superior court grant the petition for writ of mandate and issue the injunctive and declaratory relief sought in the first and second causes of action including, but not limited to, (a) ordering defendant to vacate its approval of the Project and the mitigated negative declaration and to cause an Environmental Impact Report to be prepared, and (b) enjoining defendant from using Proposition S bond proceeds to pay for field lighting at Hoover's stadium and any other high school stadium for which Proposition S did not specifically list field lighting as part of their projects; but 2) affirmed in all other respects.

Appellate Information

• Decided 04/25/2013
• Published 04/25/2013

Judges

• McDONALD

Court

• California Court of Appeal

Counsel