Citizens for Quality Growth v. City of Mt. Shasta

In this action plaintiffs, an unincorporated nonprofit association composed of landowners, taxpayers and residents in and around Mt. Shasta, and one individual, challenge the actions of the City Council of Mt. Shasta (City) in the reclassification of a 3 5-acre parcel of land located within the City. After City amended its general plan and rezoned this tract of land, plaintiffs filed a petition for mandate, seeking an order compelling City to set aside its actions for failure to comply with the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). The trial court denied the petition. Plaintiffs appeal contending (1) City failed to comply with numerous procedural requirements of the CEQA, (2) the trial court erred in refusing to tax costs, and (3) plaintiffs are entitled to attorneys’ fees pursuant to Code of Civil Procedure section 1021.5. The Attorney General’s office on behalf of the people have, with permission, filed an amici curiae brief in support of plaintiffs.

For failure of City to follow CEQA requirements, we shall reverse with directions.

Factual and Procedural Background

Initially, a brief overview of CEQA is required. This…