RECENT CALIFORNIA DECISIONS

June 2005

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First District Court Holds City of Hayward Improperly Delegated Cost of Preparing CEQA Administrative Record to Developer
Hayward Area Planning Association v. City of Hayward

On April 5, 2005, the First District Court of Appeal held that the City of Hayward (city) violated CEQA by delegating the preparation of the administrative record to the developer Hayward 1900 (developer) without the consent of the plaintiffs Hayward Area Planning Association (plaintiffs). Accordingly, the court denied awarding all costs of preparing the administrative record incurred by the city and developer.