City & County of San Francisco v. Ross

In City & County of San Francisco v. Ross (1955) 44 Cal.2d 52, the city proposed to acquire a site for a parking garage, and then to lease the property to private individuals who would build and operate the parking garage. ( Id. at p. 54.) A portion of the structure would also be used for retail stores. ( Id. at pp. 58-59.) The California Supreme Court did not rule out condemning property for such a use, but it did state the public entity must maintain sufficient control over the property to assure use of the property will be in the public interest. ( Id. at p. 57.) The court found the city's lack of control over parking rates and charges was fatal to the proposed acquisition. ( Id. at pp. 58-59.)