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San-Diegans-for-Open-Govt-v-City-of-San-Diego

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Nội dung chi tiết: San-Diegans-for-Open-Govt-v-City-of-San-Diego

San-Diegans-for-Open-Govt-v-City-of-San-Diego

Filed 12/27.18: Certified for publication 1/15 19 (order attached)COURT OF APPEAL. FOURTH APPELLATE DISTRICTDIVISION ONESTATE OF CALIFORNIASAN DIEGANS

San-Diegans-for-Open-Govt-v-City-of-San-DiegoS FOR OPEN GOVERNMENT,Plaintiff and Appellant.V.CITY OF SAN DIEGO.Defendant and Respondent.SYMPHONY ASSET POOL XVL LLC.Real Party in Interest and Resp

ondent.D073284(Super. Ct. No. 37-2015-00015780-CU-TT-CTL)APPEAL from a judgment of the Superior Court of San Diego County. Judith Hayes. Judge. Affirm San-Diegans-for-Open-Govt-v-City-of-San-Diego

ed.Briggs Law Corporation. Cory Briggs and Anthony N. Kim for Plaintiff and Appellant.Troutman Sanders LLP. Peter N. Villar and Michael J. Whitton for

San-Diegans-for-Open-Govt-v-City-of-San-Diego

Real Party inInterest and Respondent.Office of the San Diego City Attorney. Mara w. Elliott and M. Travis Phelps for Defendant and Respondent.San Die

Filed 12/27.18: Certified for publication 1/15 19 (order attached)COURT OF APPEAL. FOURTH APPELLATE DISTRICTDIVISION ONESTATE OF CALIFORNIASAN DIEGANS

San-Diegans-for-Open-Govt-v-City-of-San-DiegoCity) entered into with Symphony Asset Pool XVI, LLC (Symphony) to lease City-owned land containing an oceanfront amusement park in San Diego's Missio

n Beach neighborhood, and potentially extending the term of a prior lease of the premises for a significant additional period. Specifically. SDOG cont San-Diegans-for-Open-Govt-v-City-of-San-Diego

ends (1) the City's approval of the amended and restated lease violates Proposition G, passed by the City's electorate in 1987. to limit commercial de

San-Diegans-for-Open-Govt-v-City-of-San-Diego

velopment on the premises; (2) the City improperly concluded that its decision to enter into the amended and restated lease was exempt from the requir

Filed 12/27.18: Certified for publication 1/15 19 (order attached)COURT OF APPEAL. FOURTH APPELLATE DISTRICTDIVISION ONESTATE OF CALIFORNIASAN DIEGANS

San-Diegans-for-Open-Govt-v-City-of-San-Diegoe City violated section 99 of its charter (as it existed at the time) by failing to publish notice in the official City newspaper and pass an ordinanc

e prior to entering into the amended and restated lease.We conclude that SDOG's arguments lack merit. Accordingly, we affirm the judgment.I.FACTUAL AN San-Diegans-for-Open-Govt-v-City-of-San-Diego

D PROCEDURAL BACKGROUNDA.The Development of Belmont ParkIn 1925, a parcel of oceanfront property in San Diego was developed by John D. Spreckels as an

San-Diegans-for-Open-Govt-v-City-of-San-Diego

amusement park, which is now commonly referred to as Belmont Park.2Two of the original amusement attractions still existing al the site today arc the

Filed 12/27.18: Certified for publication 1/15 19 (order attached)COURT OF APPEAL. FOURTH APPELLATE DISTRICTDIVISION ONESTATE OF CALIFORNIASAN DIEGANS

San-Diegans-for-Open-Govt-v-City-of-San-Diegos granted to the City for the enjoyment of its people. In 1973. the City passed an ordinance naming the properly on which Belmont Park stands, along w

ith additional adjacent land, as Mission Beach Park and dedicated it to be used for park and recreational purposes.!B. The Ỉ987 LeaseIn order to revit San-Diegans-for-Open-Govt-v-City-of-San-Diego

alize and renovate an aging Belmont Park, on March 5, 19X7, the City entered into a lease agreement with Belmont Park Associates (the 19X7 [.ease).Att

San-Diegans-for-Open-Govt-v-City-of-San-Diego

ached to the 19X7 Lease was a Development Plan for the premises. Among other things, the Development Plan described the remodeling and improvement of

Filed 12/27.18: Certified for publication 1/15 19 (order attached)COURT OF APPEAL. FOURTH APPELLATE DISTRICTDIVISION ONESTATE OF CALIFORNIASAN DIEGANS

San-Diegans-for-Open-Govt-v-City-of-San-Diego buildings will house restaurants and shops for food and beverages and other recreational and/or visitor-serving commercial uses." It also staled that

"[t]he existing roller rink building will be demolished and replaced with three new buildings containing restaurants and shops for food and beverages San-Diegans-for-Open-Govt-v-City-of-San-Diego

and other recreational and/or visitor-serving commercial uses." I he Development Plan further provided for parking and pedestrian-related improvement

San-Diegans-for-Open-Govt-v-City-of-San-Diego

s, the! According to documents in the record, it appears that excluding the Roller Coaster footprint. Belmont Park is located on approximately seven a

Filed 12/27.18: Certified for publication 1/15 19 (order attached)COURT OF APPEAL. FOURTH APPELLATE DISTRICTDIVISION ONESTATE OF CALIFORNIASAN DIEGANS

San-Diegans-for-Open-Govt-v-City-of-San-Diegohe Roller Coaster, public park areas and a parking lot. consists of a total area of approximately 17 acres.3renovation of a lifeguard building, with a

n extension that would include restrooms, and new landscaping, fountains, plazas and benches.-The parties agreed in the 1987 Lease that "the Premises San-Diegans-for-Open-Govt-v-City-of-San-Diego

are leased ... for park and recreation uses, specifically for the construction, operation and maintenance of a park visitor oriented commercial and re

San-Diegans-for-Open-Govt-v-City-of-San-Diego

creational center, as described in the Development Plan .... and for such other related or incidental purposes as may be first approved in writing by

Filed 12/27.18: Certified for publication 1/15 19 (order attached)COURT OF APPEAL. FOURTH APPELLATE DISTRICTDIVISION ONESTATE OF CALIFORNIASAN DIEGANS

San-Diegans-for-Open-Govt-v-City-of-San-Diegoase set forth the following description of contemplated uses:

Filed 12/27.18: Certified for publication 1/15 19 (order attached)COURT OF APPEAL. FOURTH APPELLATE DISTRICTDIVISION ONESTATE OF CALIFORNIASAN DIEGANS

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