RECENT CALIFORNIA DECISIONS

March 2007

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First District Upholds City’s Certification of Applicant Prepared EIR and Approval of Zoning Variance for Church School Playground
Eureka Citizens for Responsible Government v. City of Eureka, ___ Cal.App.4th ___

In a decision certified for partial publication on February 1, 2007, the First District Court of Appeal affirmed a trial court’s judgment denying the petition for writ of mandate brought by a citizens group (neighbors) comprised of residents neighboring church property in the City of Eureka (Eureka). The neighbors objected to the use of a portion of a neighborhood church’s property as a playground for the church’s school. The neighbors contended that Eureka had improperly granted post hoc approval of illegally constructed improvements and had failed to conduct appropriate environmental review under the California Environmental Quality Act (CEQA).