California Court of Appeal
Ventura Foothill Neighbors v. County of Ventura, B254120
In this case, defendant County constructed a 90 foot high building at a different location from the original EIR, which called for a maximum height of 75 feet at a specified location. The County subsequently filed an EIR addendum that did not mention the change in the building’s height. Judgment granting a peremptory writ of mandate in favor of plaintiff requiring the County to prepare a supplemental EIR for the completed building is affirmed, where: 1) plaintiff’s action is not barred by any statute of limitations; 2) the County did not act within its discretion in proceeding by way of an addendum instead of a supplemental EIR; and 3) the government had not “turned a square corner” in dealing with adjacent property owners when it increased the height of the building in violation of the spirit, if not the letter, of the California Environmental Quality Act.
Appellate Information
- Decided 12/15/2014
- Published 12/16/2014
Judges
- Yegan
Court
- California Court of Appeal