California Court of Appeal
Citizens for Open Gov't v. City of Lodi, C051419
Dismissal of petition for writ of mandate, challenging defendants' certification of a final environmental impact report and approval of a use permit for the Lodi Shopping Center, which has as its proposed anchor tenant a Wal-Mart Supercenter, is reversed as plaintiff's representatives appeared and objected to the defendant city's proposed actions at each of the hearings before the Planning Commission and each of the hearings before the City Council thereby exhausting plaintiff's available administrative remedies even though plaintiff did not itself file the notice of appeal that brought the decision of the Planning Commission to the City Council.
Appellate Information
- Decided 10/11/2006
- Published 11/09/2006
Judges
- CANTIL-SAKAUYE, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Donald B. Mooney, Davis, CA, for Plaintiff and Appellant.
- For Appellees:
- Jonathan P. Hobbs, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, CA, Janice D. Magdich, City of Lodi, City Attorney, Lodi, CA, for Defendant and Respondent., James G. Moose, Remy, Thomas, Moose and Manley, Sacramento, CA, for Real party in interest and respondent.