Campbell

Campbell v. Third District Agricultural Ass'n

Good Law
195 Cal. App. 3d 115·1987 Cal. App. LEXIS 2170·240 Cal. Rptr. 481
Court of Appeal of CaliforniaSeptember 29, 1987C000867California1,027 words

Opinion

Opinion

Puglia, J.

Plaintiff appeals from a judgment denying her petition for writ of mandate. The issue presented is whether auto racing at a county fairground racetrack adjacent to the residential area in which plaintiff lives is categorically exempt from the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq; hereafter all references to sections of an unspecified code are to the Public Resources Code.) We answer the question in the affirmative.

Defendant Third District Agricultural Association is a local agency formed for the purpose of conducting a county fair and promoting other activities at its fairgrounds located adjacent to the City of Chico in Butte County. (Cf. Lewis v. Seventeenth Dist. Agricultural Assn. (1985) 165 Cal.App.3d 823, 833-835 [ 211 Cal.Rptr. 884 ].) In 1962, defendant built an automobile racetrack with a viewing grandstand and other appurtenant facilities. Since its construction, the racetrack has been used every year for automobile racing conducted on weekends from March through September. Annually the defendant grants a license to and enters into a contract with a promoter to conduct that year’s racing program. Real party in…

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