In a 2004 case, the Superior Court, through directions from the Court of Appeal, issued the City of Los Angeles (City) a writ of mandate, invalidating its EIR because the City failed to comply with CEQA. In 2010, the City certified a Revised EIR (REIR). Petitioner filed a new petition for a writ of mandate
Pfeiffer v. City of Sunnyvale City Council (2011) 200 Cal. App. 4th 1552
After the Sunnyvale City Council (City) approved the expansion of the Palo Alto Medical Foundation’s medical campus and certified the project’s EIR, Petitioner filed a challenge arguing (1) The project was inconsistent with the City’s general plan; (2) The EIR failed to use a proper baseline for traffic analysis; and (3) The EIR improperly analyzed…
Hillside Memorial Park and Mortuary v. Golden State Water Co. (2011) 199 Cal.App.4th 658
Water companies and city brought an action to determine groundwater rights and to amend a 1961 judgment imposing a physical solution on the Water Coast Groundwater Basin. The trial court ruled that an EIR was required before it could consider the amendment. On appeal to the Second District Court of Appeal, the Court reversed the…
Madera Oversight Coalition, Inc. v. County of Madera (2011) 199 Cal.App.4th 48
Petitioner claimed the County of Madera’s (County) approval of a development project failed to comply with CEQA, Planning and Zoning Law, and the California Water Code. The Superior Court found for the Petitioner, holding that the EIR’s discussion of the water supply was inadequate. The Petitioner appealed to the Fifth District Court of Appeal claiming…
Ross v. California Coastal Com. (2011) 199 Cal. App. 4th 900
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…
Schenck v. County of Sonoma (2011) 198 Cal.App.4th 949
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…
West Chandler Boulevard Neighborhood Assn. v. City of Los Angeles (2011) 198 Cal. App. 4th 1506
In a land use and municipal law related case (not involving a CEQA challenge), Petitioner challenged the City of Los Angeles’s (City) decision to grant a synagogue a conditional use permit and parking variance. Petitioner petitioned for a writ of administrative mandamus, which was denied by the Superior Court. Petitioner appealed to the Second District…
Edna Valley Watch v. County of San Luis Obispo (2011) 197 Cal. App. 4th 1312
A nonprofit organization (Association) and neighbor challenged the County of San Luis Obispo’s (County) approval of a church project, arguing that it failed to comply with CEQA. The church abandoned the project and the County rescinded its approval. The Association and neighbor then filed a motion for attorneys’ fees. The Superior Court denied the neighbor’s…
Clover Valley Foundation v. City of Rocklin (2011) 197 Cal.App.4th 200
The City of Rocklin (City) certified an EIR for a developer to build a 622-acre residential project. Petitioners sued, claiming the EIR was insufficient. The trial court found for the City. The Third District Court of Appeal affirmed the lower court’s decision, upholding the City’s approval of the project and the EIR. In challenging the…
Silverado Modjeska Recreation and Parks Dist. v. County of Orange (2011) 197 Cal.App.4th 282
Upon receiving a writ of mandate from the trial court in 2003, Orange County (County) prepared a supplemental EIR (SEIR) for its Silverado Ranch Canyon Project (Project). Petitioner challenged the County’s approval of the project claiming that the SEIR did not comply with the writ issued in 2003, and that the discovery of new information…