California Court of Appeal

Judgment for defendant-city in a challenge to the approval of waste facilities in Sun Valley where plaintiff alleges its predominately Latino residents are subjected to a disproportionate amount of pollution, is: 1) affirmed in part, where plaintiff failed to raise a triable issue of material fact supporting the inference that defendant-city's siting decision subjected residents of Sun Valley to discrimination under any program or activity that is funded directly by the state, or receives any financial assistance from the state under Government Code section 11135; but 2) the trial court abused its discretion in dismissing the claims under the California Environmental Quality Act (CEQA) based on plaintiff's one-week delay in requesting a hearing.

Appellate Information

• Decided 09/20/2013
• Published 09/20/2013

Judges

• FLIER

Court

• California Court of Appeal

Counsel