Fenster v. Tiburon Town Council
Filed 4/14/06 Fenster v. Tiburon Town Council CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| JANICE FENSTER et al., Plaintiffs and Appellants, v. TIBURON TOWN COUNCIL, Defendant and Respondent; BELVEDERE-TIBURON LIBRARY AGENCY, Real Party in Interest and Respondent. | A111264 (Marin County Super. Ct. No. CV 043677) |
Plaintiffs Janice and Alan Fenster appeal after the superior court denied their petition for a writ of mandate seeking to compel the Tiburon Town Council to reverse its actions redesignating and rezoning a portion of a lot from open space use to public/quasi-public use in order to accommodate the expansion of a library. We affirm.
I. BACKGROUND
A. History of the Site
The site at issue in this case was Lot 10 of a larger development known as the Northwestern Pacific Master Plan, which was originally owned by the Northwestern Pacific Railroad Company. The master plan, as approved by the Tiburon Town Council in November 1979, provided that open spaces would be offered for dedication to the Town of Tiburon (the town) for recreational and open space purposes, and that some complementary facilities (such as parking spaces and restrooms) could be later constructed by the town. The master plan also provided that â€
