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15 Sep 2014, 10:09 am by Arthur F. Coon
”  Significantly, the Court pointedly rejected plaintiffs’ attempted reliance on an earlier court of appeal precedent for the asserted principle that “[f]ailure to comply with the CEQA procedures is necessarily prejudicial[,]” noting that statement “does not comport with either CEQA section 21005 or with the Supreme Court’s decision in Neighbors for Smart Rail [v. [read post]
26 Aug 2014, 10:59 am by Arthur F. Coon
In a lengthy, mostly-unpublished opinion filed on August 14, 2014, the First District Court of Appeal affirmed the superior court’s judgment denying a writ petition challenging the Parkmerced Development Project. [read post]
4 Aug 2014, 3:17 pm by Arthur F. Coon
While CEQA actions are statutorily designed as special proceedings with priority over other civil actions, and thus mandated to be heard and resolved expeditiously, when complex or controversial projects with dedicated opposition are involved this salutary statutory scheme sometimes goes off track. [read post]
23 Jun 2014, 10:20 am by Arthur F. Coon
In a published opinion, the First District Court of Appeal reversed the trial court’s judgment granting a writ and held that a CEQA action filed by a citizens group against a community college district and its board of trustees was time-barred under either the 30- or 180-day statute of limitations contained in Public Resources Code § 21167. [read post]