Linnell v. State Department of Finance

SCHOTTKY, J.

The defendants have appealed from a judgment by which they were enjoined from “interfering with the plaintiff’s [John Linnell] use of the parking area on the campus of Sacramento State College, or any parking area, because of any failure on his part to enter into any leasing arrangement required by Section 953.5 of Title 5, California Administrative Code or for any lack on his part to pay an exaction or fee for the privilege of parking to help support the Sacramento State College.”

John Linnell, the respondent, is a member of the Sacramento State College faculty. In the fall of 1960 he was advised that if he parked his vehicle in one of the parking lots on the campus without entering into a lease agreement he would receive a ticket for illegal parking. The college charged a fee of $13 per semester for the privilege of parking in an unreserved space on campus. With certain exceptions not applicable here, it was necessary to enter into an agreement and pay a fee for the privilege of parking on the campus.

The issue presented by this appeal is whether or not a state agency, and particularly a state college, was authorized prior to September 15, 1961, by statute, regulation or otherwise to provide parking facilities for state employees on state-owned property and charge the users of such facilities a fee for the privilege of parking their private vehicles on said parking lots.

The decision of the trial court was based upon the court’s view that no statutory authority existed authorizing the charging of such a fee and in the absence of such statutory authority the college officials lacked the right to charge a parking fee. Appellants contend that no such specific statu

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tory authorization is required to support the imposition of the parking fees involved in this case and that if such specific statutory authority is required adequate authority is found in the provisions of section 13109 of the Government Code and section 24103 of the Education Code.

Section 13109 of the Government Code at the time of the decision in this matter in the trial court, and at the present time, provides in part as follows; “With the consent of the state agency concerned, the director may: (a) Let for a period of not to exceed five years, any real or personal property which belongs to the State, the letting of which is not expressly prohibited by law, if he deems such letting is in the best interests of the State. ’ ’