Author: Dustin Peterson



Dec

3

2021
Nov

29

2021

First District Court of Appeal Finds That Courts Must Use a Balancing Test to Determine Whether Real Parties in Interest are Indispensable Parties, and That a Lead Agency is Not Required to Describe the EIR Analyses in the Notice of Determination

In Save Berkeley’s Neighborhoods v. Regents of the University of California (2021) 70 Cal.App.5th 705, the First District Court of Appeal affirmed the trial court’s decision to allow an action to proceed where a necessary real party in interest (RPI)...

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Nov

17

2021
Nov

16

2021

Fourth District Finds Failure to Evaluate Consistency with CAP Rendered MND Incomplete Despite no Fair Argument of Inconsistency; Rejects Piecemealing, Project Description, and Aesthetic Impacts Claims, and Others as Barred by a Failure to Exhaust Administrative Remedies

In McCann v. City of San Diego (2021) 70 Cal.App.5th 51, the Fourth District Court of Appeal found that the Plaintiff, Margaret McCann (McCann), was barred from bringing a judicial action challenging the City’s approval of projects for undergrounding utility...

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