RECENT CALIFORNIA DECISIONS

February 2010

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First District Finds Lengthy Delay in Preparation of EIR Did Not Entitle the Developer to Mandamus Compelling Certification of the EIR
Schellinger Bros. v. City of Sebastopol, ___Cal.App.4th___

In this case, a developer (Schellinger) applied to the City of Sebastopol (Sebastopol) to construct a residential development project. Schellinger claimed its project application was complete in June 2003, but between 2002 and 2007 Schellinger repeatedly revised the scope of the project. In 2007, after participating in the environmental review process with Sebastopol for over four years, Schellinger filed suit, seeking a writ of administrative mandamus requiring Sebastopol to approve the environmental impact report (EIR) for the project. The trial court refused to issue the writ, and Schellinger appealed.