California, United States of America
The following excerpt is from McCarthy v. California Tahoe Regional Planning Agency, 129 Cal.App.3d 222, 180 Cal.Rptr. 866 (Cal. App. 1982):
Nor was plaintiffs' asserted right to vehicular access to Highway 50 a "fundamental" one. A right is deemed fundamental "... when that right is of a fundamental nature from the standpoint of its economic aspect or its 'effect ... in human terms and the importance ... to the individual in the life situation,' then a full and independent judicial review of that decision is indicated...." (Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 34, 112 Cal.Rptr. 805, 520 P.2d 29; emphasis in original.) "Thus ... a right may be deemed fundamental within the meaning of Bixby [v. Pierno (1971) 4 Cal.3d 130, 93 Cal.Rptr. 234, 481 P.2d 242] on either or both of two bases: (1) the character and quality of its economic aspect; (2) the character and quality of its human aspect." (Interstate Brands v. Unemployment Ins. Appeals Bd. (1980) 26 Cal.3d 770, 780, 163 Cal.Rptr. 619, 608 P.2d 707.)
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