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eBook details

• Title: Deleon v. Bay Area Rapid Transit District
• Author : Supreme Court Of California
• Release Date : January 17, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

The Rural Landowners Association (petitioners) appeal from a judgment denying their petition for mandate and injunctive relief. Petitioners sought mandate to compel respondents Lodi City Council and Lodi City Planning Commission (hereafter collectively the City) to vacate their decisions approving a Final Environmental Impact Report (EIR) for the annexation and development of certain agricultural lands, as well as the general plan amendment, rezoning and tentative map approval for the development. A central issue on appeal is the standard of review to be applied by the trial court under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), when examining clear errors in the environmental review process, which errors in turn lead to deficiencies in the EIR. We agree with petitioners that the trial court improperly substituted its independent judgment on the evidence for that of the City and accordingly shall reverse the judgment with directions to issue the writ.

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