California Court of Appeal

A county's petition for writ of mandate challenging a community college district's decisions and actions in connection with a construction project is granted where: 1) the district prejudicially abused its discretion by certifying a final EIR, adopting a statement of overriding considerations with CEQA findings, and approving a master plan without adopting feasible measures to mitigate certain adverse off-campus traffic impacts; and 2) the district's claim of economic infeasibility was not supported by substantial evidence.

Appellate Information

• Decided 07/07/2006
• Published 07/10/2006

Judges

• NARES, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John J. Sansone, County Counsel, and C. Ellen Pilsecker, Deputy County Counsel, for Plaintiff and Appellant.


• For Appellees:
  
• Stephenson, Worley, Garratt, Schwartz, Garfield & Prairie and Kevin P. Sullivan, San Diego, for Defendant and Respondent.