We Have Something to Celebrate!
For all the details, download this document.
Here’s the conclusion:
“The Palma procedure is appropriate “when petitioner’s entitlement to relief is so obvious that no purpose could reasonably be served by plenary consideration of the issue.” (Ng v. Superior Court (1992) 4 Cal.4th 29, 35; see also Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1236-1237, 1240-1241.) Here, given the existence of the Porter-Cologne Act’s detailed administrative scheme, no purpose would be served by further briefing or oral argument.
Therefore, let a writ of mandate issue directing the Alameda County Superior Court to vacate its order overruling demurrer and granting petition for alternative writ of mandate, filed December 8, 2009, and to enter a new and different order dismissing the petition for failure to exhaust administrative remedies. In light of our determination that the administrative exhaustion requirement was not met, we will not reach the other issues raised by this petition. Upon entry of the superior court’s dismissal order, our December 28, 2009, stay shall be automatically dissolved. Petitioners are entitled to their allowable costs. ”
Put in plain text, the park remains OPEN. We should definitely celebrate this. And then get back to the long term issues. Thanks everybody for your support. It means a lot to us here at CarnegieForever / CORE.
Update: Additional info directly from the court website.