In Friends of Roeding Park v. City of Fresno (E.D. 2012) 2848 F. Supp. 2d 1152, the District Court granted the city’s motion to dismiss Plaintiffs’ lawsuit challenging the planned expansion of the Fresno Chafee Zoo ruling (1) the Court lacks subject matter jurisdiction over Plaintiffs’ National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), and Land and Water Conservation Fund Act (LWCFA); (2) Plaintiffs failed to state any cognizable Equal Protection and Due Process claims under 42 U.S.C. § 1983; (3) Plaintiffs failed to state a California Code of Civil Procedure § 526(a) claim; and (4) Plaintiffs failed to request a hearing within 90 days of the filing of the petition as required by the California Environmental Quality Act (CEQA). The CEQA claim was dismissed without leave to amend.
Written By: Tina Thomas and Chris Butcher
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