Exactly what portion of the California or US constitution did this judge use to justify this new threshold? OR did he just pull it out of his butt because he is legislating from the bench......
the judge--a SHE.
"Exactly what portion of the California or US constitution did this judge use to justify this new threshold? OR did he just pull it out of his butt because he is legislating from the bench......"
It's in the San Diego city charter.
If the land is a public park, and it is being transferred to any other entity without an ironclad guarantee that it will remain a public park in perpetuity, then the transfer requires a 2/3rds vote to approve.
Congress can use or dispose of federal land as it wishes. So there is a possibility that the land could eventually end up being used for some other purpose.