CREED-21 v. City of San Diego
Annotate this CaseDefendant City of San Diego appealed a judgment granting the petition of plaintiff CREED-21 (CREED) for injunctive and other relief for violation of the California Environmental Quality Act (CEQA) relating to emergency storm drainage repair and revegetation projects in La Jolla. The City argued: (1) the trial court erred by setting the CEQA baseline for the revegetation project prior to the issuance of a 2010 emergency permit for the emergency storm drain repair project; (2) the court erred by finding CREED had standing to challenge the prior CEQA emergency exemption for the emergency storm drain repair project; (3) City submitted substantial evidence to support its finding the regular permits for the revegetation project were exempt from CEQA; (4) CREED did not carry its burden to show an exception applied to the exemption for the revegetation project; (5) the court erred by finding CREED was denied due process of law when City did not timely disclose a document requested under the California Public Records Act (CPRA); and (6) the court erred by denying City's request for judicial notice and finding its appeal fee was unauthorized. After review, the Court of Appeal affirmed the trial court to the extent it declared City's assessment of the $100 appeal fee invalid and set it aside. In all other respects, the judgment was reversed and the matter was remanded to the trial court to: vacate its order granting the petition (except for its request for a refund of the appeal fee); withdraw, cancel, or otherwise void its peremptory writ of mandate (except for ordering City to refund the $100 appeal fee); and issue a new order denying the petition (except for granting its request for a refund of the appeal fee).
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