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California Court of Appeal


Save Our Carmel River v. Monterey Peninsula Water Mgmt. Dist., H029242

Denial of petition challenging approval of a water credit transfer is reversed where: 1) section 15302 of the CEQA Guidelines, which provides that the replacement of an existing structure or facility is exempt from CEQA review, does not apply to this transfer; and 2) defendant water district's approval of the transfer was not supported by substantial evidence in the record.

Appellate Information

  • Decided 06/23/2006
  • Published 07/21/2006

Judges

  • BAMATTRE-MANOUKIAN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Michael W. Stamp, Law Offices of Michael W. Stamp, Monterey, CA, for Appellants: Save Our Carmel River, et al., Charles R. Olson, Sanger & Olson, a Law Corp., San Francisco, Donald Hubbard, Hubbard & Hubbard LLP, for Real Parties in Interest: Foursome Development Co.

  • For Appellees:
  • David C. Laredo, Delay & Laredo, Pacific Grove, CA, Deborah Mall, City Atty., for Respondents: Monterey Peninsula Water Dist., et al., City of Monterey.
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