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Great Oaks Water Co. v. Santa Clara Water Valley Dist., H032067

In plaintiff-water company's challenge to defendant-district's use of a statutory rate-setting exemption from the California Environmental Quality Act (CEQA), trial court judgment denying petition for writ of mandate is affirmed over claims of error that: 1) defendant-district abused its discretion by failing to proceed in a manner required by law because it did not set forth with specificity the factual or evidentiary basis for its finding that its adoption of groundwater-rate increases fell within the statutory rate exemption; and 2) defendant's district's finding of the exemption's applicability was not supported by substantial evidence in the administrative record.

Appellate Information

  • Decided 01/28/2009
  • Published 01/28/2009

Judges

  • DUFFY, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jeffrey S. Lawson, Silicon Valley Law Group, San Jose, for Plaintiff and Appellant.

  • For Appellees:
  • Thomas M. Berliner, Colin L. Pearce, San Francisco, Duane Morris, Debra Cauble, Emily Cote, Office of the District Counsel, Santa Clara Valley Water Dist. for Defendant and Respondent.
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