California Court of Appeal

Peremptory writ of mandate setting aside approvals for a Wal-Mart retail store to be constructed in a mixed use zone is affirmed where: 1) a director's letter did not constitute an "approval" of the Wal-Mart project, and the director was not authorized by a "public agency" to approve the project; and 2) thus, contrary to real parties' assertions, the period of limitations for challenging the determination that the project was exempt from CEQA had not expired.

Appellate Information

• Decided 11/28/2007
• Published 11/28/2007

Judges

• BLEASE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steefel, Levitt & Weiss, Judy V. Davidoff, San Francisco, Michael D. Early, and Beth C. Tenney;  Sheppard, Mullin, Richter & Hampton, Arthur J. Friedman, San Francisco, for Real Party in Interest and Appellant Wal-Mart Stores, Inc., Briscoe Ivester & Bazel, John Briscoe, Lawrence S. Bazel, San Francisco, and Christian L. Marsh, for Real Party in Interest and Appellant A.G. Spanos Construction, Inc.


• For Appellees:
  
• William D. Kopper, Davis, for Plaintiffs and Respondents.