Running Fence Corp. v. Superior Court

By petition filed with this court petitioner, the successful applicant for a use permit to construct “the Christo Running Fence, a specialty Fence Art Project” and to display it for a period of 14 days, seeks a writ to restrain the respondent court from taking any further proceedings in an action brought by real parties in interest in which the respondent court orally ordered the issuance of a peremptory writ of mandate directing the board of supervisors to set aside resolutions it adopted in connection with the denial of an appeal from the grant of such permit, and directing the board not to issue such use permit, or any other permit for the project, until after the preparation, review and approval of an environmental impact report in accordance with procedures prescribed by law and applicable regulations. The Sonoma County Environmental Protection Committee, the county board of zoning adjustments and the board of supervisors had all determined that the project was one which would not have a significant effect on the environment. (See Pub. Resources Code, §§21151 and 21152, subd. (a), and discussion part IV below.) The substantive issue is whether that action was proper.…