Trial court's issuance of writ of mandate holding that the internal policy memorandum regarding the enforcement of California Code of Regulations title 14, sec. 43 prohibiting nudity in California state parks constitutes a regulation is reversed, where the memorandum in question was adopted without substantially complying with the requirements of the Administrative Procedure Act and is thus an unenforceable underground regulation.
Appeal from an order of the Superior Court of Orange County, Sheila Fell, Judge. Reversed and remanded.
FOURTH APPELLATE DISTRICT, DIVISION THREE
Filed June 25, 2009
Published July 17, 2009
Before RYLAARSDAM, ACTING P.J., ARONSON, J., IKOLA, J.
Opinion by RYLAARSDAM, ACTING P.J.
For Plaintiff: Law Office of Elva P. Kopacz and Elva P. Kopacz.
For Defendant: Edmund G. Brown, Jr., Attorney General, Mary E. Hackenbracht, Assistant Attorney General, Carol A. Squire and Deborah Fletcher, Deputy Attorneys General.