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OWN WORDS TRIAL BRIEF. From Tim Dummer.
Calaveras agreed to open it, but for 2 years have done nothing.
Please see my trial brief below.
The case is solid and devastating to the SFPUC’s argument that the reservoirs (Calaveras and subsequently Crystal Springs and Hetch Hetchy) aren’t navigable (they incorrectly rely on the outdated federal test), and that the County ‘owns’ the property.
In reality the reservoirs are navigable under the binding California Mack test, and the County as a political subdivision of the State does not ‘own’ anything, rather they merely hold it in trust.
I will be filing a similar suit to open Crystal Springs reservoir and the surrounding land very soon.
If you know any attorneys interested in this subject, please send them my way!!
Thanks, Tim Dummer, 616.633.6778, email [email protected]
Superior Court of the State of California, County of Alameda
Case: HG19041020
PETITIONER TIMOTHY J.
DUMMER’S TRIAL BRIEF
Hearing Date: August 13, 2021
Hearing Judge: Honorable Frank Roesch
Time: 2:00 p.m.
Place: Dept. 17
Date Action Filed: October 18, 2019
Timothy James Dummer
Petitioner.
vs.
San Francisco Public Utilities Commission,
City and County of San Francisco, Department
of Water Resources, State Water Resources
Control Board, Department of Fish and
Wildlife, the State of California, Alameda
County Sheriff’s Office, Santa Clara County
Sheriff’s Office.
Respondents.
Full Trial Brief
This case seeks to compel Respondents (“City”) to simply comply with well-settled
California law and open the Calaveras Reservoir to the public for fishing and recreation.
Petitioner (“Dummer”) asks this court to answer the question, how long may the City continue
violating the law and the California Constitution? California Trout, Inc. v. Superior Court, 218
Cal.App.3d 187, 203 (Cal. Ct. App. 1990) answered a similar question about Fish and Game Code (“FGC”) Sec. 5946, a sister statute to Sec. 5943 involved here.
“The court cannot ignore the ongoing violation of a statutory mandate on the ground that the violation will eventually be halted by untimely administrative action.”
[pdf-embedder url=”https://www.coastsidebuzz.com/wp-content/uploads/2021/08/Calaveras-Trial-Brief.pdf” title=”Calaveras Trial Brief”]
ESSAY/PODCAST.
RISE OF THE FISHERMEN
From Open the S.F. Watershed website, written and curated by Andy Howse.
Author: Coastside Buzz
Me
Open San Justo in San Benito county, too!