San Joaquin Raptor Rescue Center v. County of Merced

The Ralph M. Brown Act (Gov. Code, § 54950 et seq.; hereafter the Brown Act) requires, among other things, that the legislative body of a local agency shall post, at least 72 hours before a regular meeting, “an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting . . . .” (§ 54954.2, subd. (a)(1).) The same section of the Brown Act adds that “[n]o action or discussion shall be undertaken on any item not appearing on the posted agenda . . . .” (§ 54954.2, subd. (a)(2).) In the present case, the Merced County Planning Commission (the Commission) posted an agenda that set forth, as one item of business for its upcoming meeting, the Commission’s potential approval of a subdivision application submitted by William Morris to divide 380.45 acres into nine parcels (the' project). The agenda, however, failed to mention that the Commission would also be considering whether or not to adopt a CEQA document known as a mitigated negative declaration (MND) concerning the environmental impact of the project. At the meeting, the Commission approved the project and adopted the MND. Thereafter, San Joaquin Raptor Rescue Center…