Friends of H Street v. City of Sacramento

In Friends of H Street v. City of Sacramento (1993) 20 Cal.App.4th 152, a case not cited by either party, the reviewing court affirmed the lower court's dismissal of an action against the city for injunctive relief for a nuisance. One of the two independent bases for the trial court's dismissal of the lawsuit was that the action violated the separation of powers. The court also held that the defendant city's acts were authorized by statute and therefore the plaintiffs' action was barred by Civil Code section 3482. (Friends, supra, 20 Cal.App.4th at p. 159.) The plaintiffs in Friends sought to require the defendant city to abate the alleged nuisance resulting from the city's inaction in response to complaints regarding traffic conditions on a street. (Id. at pp. 157-158.) The plaintiffs sought injunctive relief requiring the city to reduce traffic speed and volume on that street. (Ibid.) The trial court sustained the city's demurrer without leave to amend, stating: "'The routing of traffic on city streets is basically a legislative function. To the extent that traffic is rerouted from H Street, it must be routed onto another street or highway. The selection among alternatives is a legislative act.'" (Id. at p. 158.) The reviewing court affirmed the lower court's judgment for the city because the traffic changes sought by the plaintiff were matters of public policy for the legislative branch and beyond the power of the judicial branch. (Id. at pp. 164-166.)