California Aviation Council v. County of Amador
Opinion
Lead Opinion
Marler, J.
Plaintiffs California Aviation Council and Carl Borgh appeal from a judgment denying them a writ of mandate to set aside a negative declaration under the California Environmental Quality Act (CEQA). 1 Plaintiffs contend that the trial court erred in denying their petition on the ground they failed to exhaust their administrative remedies. We do not agree, and affirm the judgment.
Facts
The County of Amador (County) owns and operates Westover Field, a public general aviation airport located in an unincorporated area of the county known as Martell. Real party in interest, FHA Properties, Inc. (FHA) applied for rezoning and subdivision for residential and commercial development of a 237-acre parcel (Hilltop Center) in Martell approximately 5000 feet from Westover Field.
A public hearing was held on the project on January 28, 1986, before the Amador County Planning Commission. The commission voted “to deny without prejudice” the necessary approvals due to “insufficient information to base a decision upon.”
FHA appealed the commission’s denial of project approval to the Board of Supervisors of Amador County (Board). On April 15, 1986, the Hilltop *340 Center proposal came…
Concurring Opinion
Blease, J.
I concur in the judgment and in the holding of the majority opinion that Public Resources Code section 21177 codifies the rule of Environmental Law Fund. Inc. v. Town of Corte Madera (1975) 49 Cal.App.3d 105 [ 122 Cal.Rptr. 282 ] and that of Sea & Sage Audubon Society, Inc. v. Planning Com. (1983) 34 Cal.3d 412 [ 194 Cal.Rptr. 357 , 668 P.2d 664 ]. Indeed, there is no other conclusion to come to, for that is what a codicil to the section says it does.
However, the opinion then fails to harmonize the case law with the language of section 21177, as we are instructed to do, and uncritically suggests, without analysis of their material facts, that this case might be resolved on the ground that plaintiffs failed to exhaust an administrative remedy. That suggestion misses the point of the codification. For, neither Environmental Law Funds Inc. nor Sea & Sage Audubon Society, Inc. sanctions that characterization; rather they compel the opposite conclusion.
The dispositive issue is one of standing, which the opinion does properly address and upon which the judgment in this case wholly rests.
I detail the reasons for these conclusions.
*346 The majority opinion suggests that section…
Opinion
Rishwain, Hakeem & Ellis, Michael E. Hakeem and Ron Stein for Real Parties in Interest and Respondents.
OPINION
MARLER, J.
Plaintiffs California Aviation Council and Carl Borgh appeal from a judgment denying them a writ of mandate to set aside a negative declaration under the California Environmental Quality Act (CEQA). [1] Plaintiffs contend that the trial court erred in denying their petition on the ground they failed to exhaust their administrative remedies. We do not agree, and affirm the judgment.
The County of Amador (County) owns and operates Westover Field, a public general aviation airport located in an unincorporated area of the county known as Martell. Real party in interest, FHA Properties, Inc. (FHA) applied for rezoning and subdivision for residential and commercial development of a 237-acre parcel (Hilltop Center) in Martell approximately 5000 feet from Westover Field.
A public hearing was held on the project on January 28, 1986, before the Amador County Planning Commission. The commission voted "to deny without prejudice" the necessary approvals due to "insufficient information to base a decision upon."