California Court of Appeal

Reset A A Font size: Print

Am. Canyon Cmty. United for Responsible Growth v. City of Am. Canyon, A111278, A112088

Denial of petitions for writ of mandate challenging defendant city's approval of 24-hour Wal-Mart supercenter combining big-box discount store and full grocery store, without requiring supplemental environmental review under CEQA, is reversed where defendant prejudicially violated: 1) CEQA by unreasonably minimizing the size increase of the retail development, and then failing to proceed as required by law when it refused to consider the extraterritorial effects of the proposed supercenter; and 2) its own zoning ordinance by approving the supercenter without approving a major modification application.

Appellate Information

  • Decided 11/17/2006
  • Published 12/18/2006

Judges

  • GEMELLO, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Brett Spencer Jolley, Herum, Crabtree & Brown, Stockton, CA, for American Canyon Community United for Responsible Growth., Amy Baird Briggs, Judy Val Davidoff, Arthur Jay Friedman, Steefel Levitt & Weiss, San Francisco, CA, for Real Parties in Interest., Timothy Merritt Taylor, Somach Simmons & Dunn, Sacramento, CA, for Citizens Against Poor Planning.

  • For Appellees:
  • William Dale Ross, Law OfcsWilliam D. Ross, Los Angeles, CA, for Defendants and Respondents.
Copied to clipboard