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Modification: Committee to Relocate Marilyn v. City of Palm Springs

Lower Court

Riverside County Superior Court

Lower Court Judge

James T. Latting

City'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/1

Cite as

2023 DJDAR 1749

Published

Mar. 3, 2023

Filing Date

Mar. 2, 2023

Opinion Type

Modification

Disposition Type

Reversed and Remanded


COMMITTEE 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.

#280728

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