Judge Rejects Lawsuit Challenging Great Highway Closure

Judge Rejects Lawsuit Challenging Great Highway Closure

Court Upholds Voter-Approved Measure

SAN FRANCISCO — A San Francisco judge on Monday rejected a lawsuit that sought to overturn a voter-approved measure closing the Upper Great Highway to private vehicles and converting it into a park.

San Francisco Superior Court Judge Jeffrey S. Ross dismissed all four claims brought by opponents of Proposition K after about three hours of oral argument. The ruling leaves the closure in place and allows the park, known as Sunset Dunes, to continue operating.

Proposition K passed in November 2024 by a 55–45 margin. The measure closed the coastal roadway to private cars while allowing access for emergency vehicles. The park officially opened in April 2025.

Ross ruled that San Francisco voters had the legal authority to approve the closure. He rejected arguments that the state has exclusive control over roads and traffic regulation.

Environmental Review Claims Rejected

A central issue in the case involved the California Environmental Quality Act, known as CEQA. The plaintiffs argued the city was required to conduct an environmental review before placing Proposition K on the ballot.

Ross disagreed. He ruled that Proposition K was not a CEQA “project” because it was not initiated by a public agency. The measure was placed on the ballot by five supervisors, whom the judge said did not constitute a public agency under the law.

Because of that, Ross said, no environmental review was required before the vote. He also said that even if CEQA applied, the plaintiffs missed key deadlines to challenge the measure.

The supervisors introduced Proposition K on June 18, 2024. The lawsuit was not filed until March 2025, well beyond the 180-day window to appeal under CEQA rules, Ross said.

“There were opportunities to appeal but no one appealed,” Ross said during the hearing.

Ross also rejected claims that Proposition K conflicted with San Francisco’s general plan. He said those arguments were not raised in a timely manner.

The judge further dismissed challenges based on the road’s partial closure, noting that the continued access for emergency vehicles did not invalidate the measure.

Roughly 50 people attended the hearing in Room 613 of the Civic Center Courthouse. Supporters and opponents of the closure sat together, including in the jury box, at the judge’s invitation.

Plaintiffs Signal Possible Appeal

Attorneys for the plaintiffs said they are considering an appeal. They have 60 days to file.

“Every single part of this ruling is ripe for appeal,” said James Sutton, who represents the plaintiffs. One of the plaintiffs, Vin Budhai, said he was disappointed with the outcome but remained open to continuing the legal fight if funding can be secured.

Supporters Call for Finality

Supporters of the park welcomed the ruling and urged opponents to move on.

Joel Engardio, a former District 4 supervisor and a respondent in the case, said it was time to treat Sunset Dunes as settled. Lucas Lux, president of Friends of Sunset Dunes, called on opponents to accept the vote and work toward improving the park.

Current District 4 Supervisor Alan Wong attended part of the hearing. He said that if the ruling stands, reopening the Great Highway to cars on weekdays would require a new ballot measure