Procedural Issues

Subscribe to Procedural Issues via RSS

On remand from the California Supreme Court, the First District Court of Appeal again considered the case of Tomlinson v. County of Alameda (Case No. A125471) in light of the Supreme Court’s holding (54 Cal.4th 281) that the exhaustion of administrative remedies provision as set forth in Public Resources Code section 21177, subdivision (e), applies…

In Lucille Saunders v. City of Los Angeles (2012) 2012 Cal. App. Unpub. LEXIS 6965, Lucille Saunders (Saunders) and Fix the City sought writs of mandate to require the City of Los Angeles (City) to comply with its general plan, its municipal code, applicable Government Codes, and the California Environmental Quality Act (CEQA).  The Second…

In an unpublished decision, El Pueblo Para El Aire Y Agua Limpio v. Kings County Board of Supervisors, 2012 Cal. App. Unpub. LEXIS 4984, Greenaction for Health and Environmental Justice and El Pueblo Para El Aire y Agua Limpio (collectively appellants) sued the Kings County Board of Supervisors (County) alleging that the County’s approval…

In Tomlinson v. County of Alameda (Case No. S188161), the Supreme Court of California held that the exhaustion of administrative remedies provision as set forth in Public Resources Code section 21177, subdivision (e), applies to a public agency’s decision that a project is categorically exempt from CEQA. The Court’s eleven page decision put to rest…

The Imperial Irrigation District, Coachella Valley Water District, and Metropolitan Water District of Southern California entered into various agreements concerning the allocation and conservation of California’s share of Colorado River water. The Imperial Irrigation District filed a validation action, which was opposed by many in separate lawsuits, all challenging the agreements on several grounds, including…

Petitioner petitioned for a writ of mandate, claiming the County of El Dorado (County) violated CEQA, the Planning and Zoning Law, and traffic safety regulations when it approved a gas station. County responded with a demurrer to the petition, claiming that the Petitioner lacked the capacity to sue since the Petitioner’s corporate status was suspended…

The Santa Cruz Local Agency Formation Commission (LAFCO) approved an agreement between the University of California at Santa Cruz (UCSC) and the City of Santa Cruz (City), which stated that the City would extend water and sewer services to UCSC’s north campus, an area just outside the city’s jurisdictional boundaries. The Community Water Coalition (CWC)…

The Malibu Bay Company (MBC) proposed amendments to the City of Malibu’s local coastal program to facilitate development of beach front property it owned. Specifically, MBC requested a reduction of the minimum lot size. The City Council approved the amendments in a mitigated negative declaration. After the city approved the amendment, the Coastal Commission did…

The County of Sonoma (County) approved a development project for a warehouse and beverage distribution center. Prior to approving the project, the County conducted an initial study and issued a mitigated negative declaration (MND). The trial court held that the County had failed to send necessary notice to the Bay Area AQMD (BAAQMD) prior to…

The City of Santa Clarita (City) certified an EIR and adopted a master plan for a project to expand a hospital and medical office space over a 15-year period. The Petitioner challenged the City’s approvals for two reasons: First, the City failed to provide evidence and explanations for why the project’s impact on climate change…