For Your Data National Audubon Social Club V. Superior Courtroom Representative Brief

National Audubon Society v. Superior Court illustration brief summary
658 P.2d 709 (1983)

CASE SYNOPSIS

The petitioners inwards this illustration had appealed the determination of the Superior Court of Alpine County inwards California. They entered summary judgment against petitioners inwards their suit to enjoin the metropolis H2O department, which was the existent political party inwards interest, from diverting H2O from a lake. The courtroom ruled that the populace trust doctrine offered no independent soil for challenging the existent political party inwards interest's diversions in addition to stated the petitioners had failed to exhaust their administrative remedies.

CASE FACTS
In this illustration the petitioners sought an injunction which would permanently compel the metropolis H2O subdivision to cut down its H2O diversions from a lake. The petitioners inwards this illustration argued that the lake was protected past times the populace trust.

PROCEDURAL HISTORY
The trial courtroom ruled that the populace trust doctrine offered no independent soil for challenging the diversions in addition to that petitioners had failed to exhaust administrative remedies.
Afterwards, the petitioners sought a writ of mandate to review the trial court's decision.

DISCUSSION

Diversions from the streams that fed the lake were modified past times the populace trust doctrine.
While the granted diversions were created amongst bully care, inwards monastic enjoin to comply amongst both prior appropriation in addition to riparian law, the courtroom establish that populace trust rights inwards the lake had e'er existed in addition to that they must last accommodated for when consumptive H2O rights were granted.
The courtroom stated that no thing how long rights inwards H2O are held, they are discipline to review in addition to reallocation.
Environmental factors, every bit good every bit appropriation rights, must all last taken into line concern human relationship when conducting a report of the termination of the diversions on the populace trust.

CONCLUSION
The courtroom ordered reconsideration past times the terra firma of the allotment of H2O inwards a current system. The courtroom establish that water rights, no thing how long these rights are held, are discipline to review in addition to potential reallocation. The courtroom furthermore held that an objective report of the termination of the diversions upon the populace trust had long been overdue.

See also: National Audubon Society v. Superior Court total illustration on Google Scholar

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