Ongoing Public Use Does Not Bar Surplus Land Designation

The First District Court of Appeal held that the City of Santa Rosa did not abuse its discretion under the Surplus Land Act when it declared a city-owned downtown parking garage to be surplus land, even though the property continued to serve a public parking function and the City conditioned its disposition on retention of some parking spaces. Airport Business Center v. City of Santa Rosa, 2025 WL 3295545 (1st Dist, Nov. 26, 2025).

The City adopted a resolution designating a 199-space public parking garage as nonexempt surplus land. The resolution required that any future development retain at least 75 public parking spaces on the site.

A neighboring property sought a writ of mandate contending that the City violated the Surplus Land Act because the garage remained necessary for public parking and therefore could not be deemed surplus land.