Hayward Area Planning Association v. Alameda County Transportation Authority et al.

  April 29, 2004
  State, Local And Municipal Law
  CA: Superior Court
  786768-6
  72 Cal.App.4th 95
 

Petitioner

Hayward Area Planning Association

Stuart Milton Flashman
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Attention

judgment for plaintiff

Case challenged the Alameda County Transportation Authority ("ACTA") and Calif. Dept. of Transportation ("Caltrans") use of funds from an Alameda County transportation sales tax measure. The measure call for construction of a route "along Mission & Foothill Boulevards" in Hayward. Instead, ACTA and Caltrans planned to build the "Hayward Bypass", up to 1 1/2 miles to the east through the Hayward hills.
The case was both a petition for writ of mandate and challenge to illegal expenditure of public funds. Initially, Defendants won summary judgment. That was reversed on appeal (HAPA v. ACTA, 1999,72 Cal.App.4th 95 [84 Cal.Rptr.2d 744].)

On remand, judgment was entered for plaintiffs after a five-day court trial. Caltrans appealed the judgment, and it was affirmed in an unpublished decision. (case A098051) Plaintiffs were also awarded attorneys fees for all portions of the case.

Defendant

Alameda County Transportation Authority

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Defendant

California Department of Transportation

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