Stand Tall on Principles v. Shasta Union High School District

Good Law
1 Cal. Rptr. 2d 107·1991 Cal. App. LEXIS 1239·235 Cal. App. 3d 772·91 Daily Journal DAR 13270·91 Cal. Daily Op. Serv. 8684
Court of Appeal of CaliforniaOctober 28, 1991C010513California5,094 words

Opinion

Opinion

Davis, J.

—The issue presented by this appeal is whether the California Environmental Quality Act (CEQA) requires that a school district complete an environmental impact report (EIR) during the course of selecting a site for a new high school, or whether it is sufficient if the district completes an EIR prior to acquiring such a site. “It is circumstance and proper timing that give an action its character and make it either good or bad.” (Plutarch, Life of Agesilaus II, Lives, § 23.) Here, we hold that it is sufficient if a school district completes an EIR prior to acquiring a site for a new high school as long as that EIR genuinely and thoroughly assesses all reasonable alternative sites. Accordingly, we affirm the judgment.

Background

Pursuant to a “Master Plan” it adopted in 1987, the Shasta Union High School District (District) determined it needed a new four-year high school. The proposed new school was a $16 million facility that would encompass nearly 40 acres and an eventual student population of 1,800.

The Board of Trustees of the District (Board) appointed a site selection committee (Committee) in May 1989 to review potential sites for the new high school. The…

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