RECENT CALIFORNIA DECISIONS

August 2009

To read this entire item of approximately 1000 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Fourth District finds Approval of Design Plan Application for Previously Approved Business Center Was a Ministerial Act Not Subject to CEQA
Health First v. March Joint Powers Authority, 174 Cal. App.4th

The Fourth District Court of Appeal has reversed a Superior Court’s decision and found that the March Joint Powers Authority’s (March JPA) approval of a design plan for an industrial facility was a ministerial act not subject review under the California Environmental Quality Act (CEQA). The Court of Appeal ruled that final project approval is a ministerial act when the agency’s review of the proposed development does not involve the exercise of judgment or deliberation and is merely a determination of whether a project conforms with existing design guidelines and land use plans.