RECENT CALIFORNIA DECISIONS

February 2008

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Third District Rules Notice of Legislative Body’s Hearing on Zoning Change May Not Be Given before Planning Commission Recommendation Is Received
Environmental Defense Project of Sierra County v. County of Sierra, ___Cal.App.4th___

On January 9, 2008, the Third District Court of Appeal affirmed the ruling of the Sierra County Superior Court granting the request of plaintiff Environmental Defense Project of Sierra County for declaratory relief, finding that state law requires the Sierra County Board of Supervisors to wait for receipt of the Sierra County Planning Commission’s recommendation on a proposed zoning change before it can serve notice of the board’s hearing pursuant to Government Code §§ 65856 and 65090.