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Schellinger Bros. v. City of Sebastopol, A122972

Trial court's decision not to interject itself into the still on-going process of preparing an EIR concerning plaintiff-developer's proposal to develop single-housing and commercial structures within the limits of defendant-city is affirmed where: 1) developer's contention that the one-year time limit for certifying an EIR established by CEQA section 21151.5 constitutes an iron-clad, one-size-fits-all rule that permits of no exception, is rejected; 2) Gov. Code section 65589.5 cannot be used to halt the decision-making process specified by CEQA that is still on-going; and 3) developer's active participation in that process for more than three years, which included numerous changes in the size and composition of the project, after the date it now claims the city lost its discretionary jurisdiction, amounts to laches (an accepted ground for relaxing the directory deadline of section 21151.5).

Appellate Information

  • Decided 12/02/2009
  • Published 12/02/2009

Judges

  • RICHMAN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bingham McCutchen LLP, Geoffrey L. Robinson, Marie A. Cooper, Sean R. Marciniak, Walnut Creek, for Plaintiff and Appellant.

  • For Appellees:
  • Meyers, Nave, Riback, Silver & Wilson, Julia L. Bond, Edward Grutzmacher, Oakland;  McLaughlin & Hendrickson, Larry McLaughlin, for Defendant and Respondent.
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