RECENT CALIFORNIA DECISIONS

April 2007

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First District Holds High Financial Cost of Alternatives Does Not Automatically Render Them ‘Infeasible’ under CEQA
Uphold Our Heritage v. Town of Woodside

Petitioner Uphold Our Heritage (Heritage) challenged the approval by the Town of Woodside (Woodside) of a permit authorizing the demolition of a mansion of historic significance for construction of a smaller single-family residence. The Woodside Town Council found that the proposed alternatives to the demolition identified in the environmental impact report (EIR) prepared for the project were not feasible and adopted a statement of overriding considerations, pursuant to the California Environmental Quality Act (CEQA). The trial court ruled for Heritage and the appellate court affirmed the ruling.