California Court of Appeal

Under Planning and Zoning laws, Government Code section 65000 et seq., and CEQA, a mitigation measure once adopted can be deleted but a governing body must state a legitimate reason for deleting it, and must support that statement of reason with substantial evidence.

Appellate Information

• Decided 08/03/2001
• Published 08/03/2001

Judges

• STEIN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Law Office of J. William Yeates, J. William Yeates, Sacramento, Mary U. Akens; Law Offices of William D. Ross, William D. Ross, Los Angeles, and Barbara J. Higgins, for Plaintiffs and Appellants., Chatten-Brown and Associates, Jan Chatten-Brown, Los Angeles, and Douglas P. Carstens, for Mountain Lion Foundation, Natural Resources Defense Council, Planning and Conservation League and Sierra Club as Amici Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Miller, Starr & Regalia, Arthur F. Coon and Christian M. Carrigan, Walnut Creek, for Defendant and Appellant., McCutchen, Doyle, Brown & Enersen, Stephen L. Kostka and Laura A. Colthurst, Walnut Creek, for California State Association of Counties as Amicus Curiae on behalf of Defendant and Appellant.