Sagaser

In 1983, legislation was passed by the California Legislature authorizing the location of a prison in or near the City of Avenal in Kings County. (Stats. 1983, ch. 958, § 9.) The Department of Corrections (Department), which considered possible sites, became the lead agency (Pub. Resources Code, § 21067) for the preparation of an environmental impact report (EIR). After a draft EIR was completed, notice inviting comment was issued according to guidelines provided in the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.).

The mandatory 30-day period for comment on the draft EIR provided for in the law ended on August 22, 1984. (Pen. Code, § 7004, amended to § 7007.) Appellants, however, offered no comments until September 26, 1984. When they were unsuccessful in challenging the adequacy of the report through administrative channels, appellants filed an action in Kings County Superior Court. Appellants pleaded six causes of action in a combined petition for writ of mandate and complaint for injunctive relief alleging violations of CEQA provisions, due process, equal protection, a failure to furnish information from public records, and a…