Center for Biological Diversity v. County of San Benito CA6

I. INTRODUCTION

This action arises from the proposal of real parties in interest Henry Ruhnke, Thomas John McDowell and Victoria Knight McDowell Charitable Remainder Unitrust, and Thomas John McDowell and Victoria Knight McDowell, trustees (collectively, McDowell Trust) to develop a large commercial roadside attraction known as the Betabel Project. The Board of Supervisors of respondent County of San Benito (County) certified an environmental impact report (EIR) pursuant to CEQA1 and approved the conditional use permit for the Betabel Project after denying the appeals of project opponents the Center for Biological Diversity and Protect San Benito County (collectively, the Center) and the Amah Mutsun Tribal Band from the County Planning Commission’s initial project approval. Appellants the Center and the Amah Mutsun Tribal Band both challenged the Board of Supervisors’ project approval by filing a verified petition for writ of mandate that included causes of action alleging that the EIR for Betabel Project violated CEQA and the project approval violated state planning and zoning laws. The McDowell Trust demurred on the grounds that the CEQA causes of action in both writ petitions…