California Court of Appeal

In case involving application to demolish a building and expand a parking lot onto the cleared land, denial of petition for writ of mandate challenging defendant-city's approval of application is reversed where: 1) defendant was misinformed about its discretionary authority to determine the buildings were historic resources; 2) a claim that defendant failed to exercise its discretion in accordance with CEQA requirements was not a collateral attack on defendant's decision not to list the buildings in the local register; and 3) the fair argument standard does not apply to the question of whether the buildings are historic resources for purposes of CEQA.

Appellate Information

• Decided 02/15/2008
• Published 02/15/2008

Judges

Court

• California Court of Appeal

Counsel