Mountain Defense League v. Board of Supervisors
Opinion
Opinion
Brown, J.
The Mountain Defense League, an unincorporated association, and Byron F. Lindsley, Jr. appeal the judgment denying their petition for a writ of mandamus to direct the Board of Supervisors of San Diego County (Board) to deny Lincoln and Purvis Martin permission to proceed with their private development plan, PDP 72-10, and to rescind the conforming amendment of the San Diego County General Plan.
Our statement of the facts comes from the parties’ settled statement. The Martins’ proposed development as submitted to the Board included a 100-room lodge, a 20-room lodge, swimming pool, tennis courts, a restaurant and 100 two and one-half-acre homesites on about 1,000 acres of wooded, hilly land east of San Diego. Approval of the plan necessitated an acceptance of the environmental impact report (EIR) required under the CEQA (Pub. Resources Code, § 21000 etseq.) and an amendment of the general plan as required by Assembly Bill No. 1301 (Gov. Code, § 65300 et seq.). After the required hearings on the matter, the plan was approved by the Board; the Mountain Defense League petitioned the superior court for an alternative writ, of mandate which was denied.