Mtn. View California Legal Summary

Immediately after the City Council in Mountain View, California voted to fluoridate the city's water supplies in December 1999, a city resident filed a lawsuit in the Superior Court, County of Santa Clara, challenging fluoridation on the basis that it (1) is unauthorized by the California Constitution, (2) is in violation of individual rights preserved by Article 1, Section 1 of the California Constitution, (3) was approved without first conducting an environmental review of the effects of fluoridation under the California Environmental Quality Act (CEQA).

The Superior Court dismissed the case on demurrer. On appeal, the California Court of Appeal for the Sixth Appellate District issued an unpublished decision upholding the dismissal on May 3, 2001.

On June 12, 2001, David Lamar filed a Petition For Review in the California Supreme Court. California Supreme Court review of civil cases is discretionary. In order to obtain review, at least four justices of the Supreme Court must vote to grant review.

The Supreme Court must decide whether to grant review within 60 days of the filing of the petition (unless it grants itself up to an additional 30 days). The decision is normally made about 45 days after a Petition For Review has been filed. Because of the burden of death penalty cases that must, by law, be reviewed by the California Supreme Court and the large number of petitions for review in other cases, the California Supreme Court grants review in only a tiny proportion of the civil cases brought to its attention.

Amended Complaint
Second Amended Complaint
Opposition to Demurrer - Points and Authorities
Opposition to Demurrer - Exhibit 1
Petition to the California Supreme Court