California Court of Appeal
Gilroy Citizens for Responsible Planning v. City of Gilroy, H028539
Denial of writ petition challenging certification of Environmental Impact Report and approval of construction of a Wal-Mart Supercenter is affirmed over claims that defendant city: 1) failed to provide the legally-required 45-day notice of availability of the draft EIR; 2) did not serve the commenting agencies with either responses to comments or the final EIR; 3) failed to complete an initial study which was necessary before it could rely on a report on economic impacts; and 4) did not follow CEQA's required procedures in determining whether urban decay impacts should be addressed in the EIR. In addition, the EIR: 5) excluded an analysis of the Supercenter's blight and urban delay impacts; 6) failed to provide meaningful consideration of proposed mitigation measures; and 7) failed to properly analyze certain traffic impacts.
Appellate Information
- Decided 06/22/2006
- Published 06/22/2006
Judges
- PREMO, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Law Offices of William D. Kopper, William D. Kopper, Davis, for Plaintiffs/Appellants.
- For Appellees:
- Berliner Cohen, Andrew L. Faber, Linda A. Callon, Thomas P. Murphy, San Jose, for Defendant/Respondent., Steefel, Levitt & Weiss, Arthur J. Friedman, Judy V. Davidoff, Shirley E. Jackson, San Francisco, for Real Parties in Interest and Respondents.