Mitigated Negative Declaration (MND)

In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution after the developer successfully defended a meritless CEQA lawsuit against its construction of a private secondary school project.  The Fourth District found that the developer established a probability of prevailing on its malicious prosecution claim by presenting evidence that the project opponents in the CEQA action pursued their claim with malice and without probable cause.  This case is a warning shot to project opponents filing knowingly meritless CEQA lawsuits based on ulterior motives.