California Court of Appeal
Preservation Action Council v. City of San Jose (Lowe's HIW, Inc.), H028201
Writ of mandate requiring defendant city to rescind its decision certifying an Environmental Impact Report and approving a project is affirmed where the city's analysis of a reduced-size alternative was inadequate and its rejection of this alternative was unjustified and unsupported.
Appellate Information
- Decided 08/04/2006
- Published 08/04/2006
Judges
- MIHARA, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Arthur J. Friedman, Steefel, Levitt & Weiss, Attorney for Real Party in Interest and Appellant Lowe's HIW, Inc., Ronald E. Van Buskirk, Elizabeth Strahlstrom Wells, Kevin M. Fong, Pillsbury WinthropShaw Pittman, Attorneys for Intervener and Appellant International Business Machines, Inc.
- For Appellees:
- Richard Doyle, Nora Frimann, George Rios, Joseph P. DiCiuccio, Office of the City Attorney, Attorneys for Defendants and Appellants City of San Jose and City of San Jose City Council., Susan Brandt-Hawley, Paige J. Swartley, Brandt-Hawley Law Group, Attorneys for Plaintiff and Respondent Preservation Action Council of San Jose., Carolyn Ellen Douthat, Michael H. Buhler, Elizabeth S. Merritt, Attorneys for National Trust For Historic Preservation and California Preservation Foundation As Amici Curiae on behalf of Plaintiff and Respondent.