California Court of Appeal

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City of Santee v. County of San Diego, D055310

In a city's petition for a writ of mandate against the county claiming that the sitting agreement between the county and the State Department of Corrections constituted a project which required environmental review, trial court's order sustaining defendant's demurrer is affirmed as the sitting agreement was not a commitment to either a reentry facility or any jail facility, and the agreement did not as a practical matter preclude any alternative, mitigation measures, or the alternative of not going forward with any facility. Rather, the record shows all the facilities which were the subject of the sitting agreement might be modified or not implemented at all, depending on a number of factors, including environmental review.

Appellate Information

  • Submitted 06/29/2010
  • Decided 06/07/2010
  • Published 06/29/2010

Judges

  • Benke, Acting P. J.

Court

  • California Court of Appeal

Counsel