"Those against the Sunset Dunes park, which opened in April 2025, said they may challenge the ruling. "Every single part of this ruling is ripe for appeal," said James Sutton, the attorney who represents the plaintiffs, including Matt Boschetto, Vin Budhai, Albert Chow and Lisa Arjes. Plaintiffs have 60 days to appeal. "It sounds like today's hearing, his mind was totally made up. We're extremely disappointed," Budhai said after the hearing."
"The parties spent the longest time in court on Monday - some 90 minutes - discussing whether Prop. K complied with the California Environmental Quality Act (CEQA). Petitioners argued that Prop. K was invalid because the city did not conduct an environmental review. But the judge determined that Prop. K is not a CEQA "project," because a project under the state law must be initiated by a "public agency.""
San Francisco Superior Court Judge Jeffrey S. Ross dismissed all four counts of a lawsuit seeking to overturn Prop. K, which converted the Upper Great Highway into a park. The judge ruled that voters lawfully authorized the closure by approving Prop. K 55-45 in 2024 and rejected challenges based on the state's regulatory interest, the road's partial closure to private vehicles, environmental review requirements, and consistency with the city's general plan. The Sunset Dunes park opened in April 2025. Petitioners argued Prop. K violated CEQA, but the judge found Prop. K is not a CEQA "project" because state law requires initiation by a "public agency." Plaintiffs have 60 days to appeal.
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