Ruling by
Judith D. McConnellLower Court
Riverside County Superior CourtLower Court Judge
James T. LattingCity's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure.
Court
California Courts of Appeal 4DCA/1Cite as
2023 DJDAR 1749Published
Mar. 3, 2023Filing Date
Mar. 2, 2023Opinion Type
ModificationDisposition Type
Reversed and RemandedCOMMITTEE TO RELOCATE MARILYN,
Plaintiff and Appellant,
v.
CITY OF PALM SPRINGS,
Defendant and Respondent;
PS RESORTS,
Real Party in Interest and Respondent.
No. D080907
(Super. Ct. No. CVRI2101435)
California Court of Appeal
Fourth Appellate District
Division One
Filed March 3, 2023
ORDER MODIFYING OPINION
NO CHANGE IN JUDGMENT
THE COURT:
It is ordered that the opinion filed herein on February 23, 2023, be modified as follows:
On page 32, second sentence of the first paragraph, the word "not" is inserted to now read as follows:
The City demurred, arguing the statutory provisions concerning street vacation were not applicable because the City did not ultimately seek to vacate the public's vehicular access rights to Museum Way.
There is no change in judgment.
McCONNELL, P. J.
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