Garrison
Garrison v. Board of Directors
Opinion
lead Opinion
Stone, J.
John S. Garrison (Garrison) appeals the trial court’s dismissal of his suit against respondent/defendant Board of Directors of the United Water Conservation District (United), following the court’s sustaining of United’s demurrer to Garrison’s first amended petition for writ of mandate without leave to amend.
We reverse the judgment of dismissal.
Background
United held public hearings in May and June 1993 on the question of compliance with the California Environmental Quality Act (CEQA—Pub. Resources Code, § 21000 et seq.) 1 for its proposed project of using seven gravel pits, located near the Santa Clara River, as percolation basins and eventually as water reservoirs. This project, entitled the Fox Canyon Seawater Intrusion Abatement Project (Fox Canyon Project or Project), included a “pilot project” involving the conversion of one gravel pit, called the Noble Pit. Prior to the aforementioned hearings, United commissioned an environmental study of the Noble Pit pilot project, and concluded pursuant to this study that there was no substantial evidence the pilot project would have a significant impact on the environment.
Garrison attended the public hearings with his…
dissent Opinion
Yegan, J.
I respectfully dissent. The language and effect of the majority opinion defeat the carefully thought-out goal of a short statute of limitations. The Legislature has told groups how to file a California Environmental Quality Act (CEQA) challenge and what they must do to have standing. If the majority is correct, the liberal policy for amendment of pleadings may be used to defeat that legislative goal.
In sustaining the first demurrer, the trial court ruled that Garrison had no standing to bring a mandamus petition on behalf of himself or the general public. Garrison thereafter filed a first amended petition alleging that he was suing as a member of the Coalition for Acquifer Honesty (Coalition). Respondent again demurred and the trial court sustained the demurrer without leave to amend.
Garrison and the Coalition filed separate appeals. The Coalition abandoned the appeal and we dismissed it.
The judgment is now final as to the Coalition. That leaves Garrison. The majority say that Garrison is an “aggrieved party” and can appeal on behalf of the Coalition. This may be true in layman’s terms but not under the law. (Code Civ. Proc., § 902.) “An appellant must show prejudicial error…
Opinion
STONE (S.J.), P.J.
John S. Garrison (Garrison) appeals the trial court's dismissal of his suit against respondent/defendant Board of Directors of the United Water Conservation District (United), following the court's sustaining of United's demurrer to Garrison's first amended petition for writ of mandate without leave to amend.
We reverse the judgment of dismissal.
United held public hearings in May and June 1993 on the question of compliance with the California Environmental Quality Act (CEQA Pub. Resources Code, § 21000 et seq.) [1] for its proposed project of using seven gravel pits, located near the Santa Clara River, as percolation basins and eventually as water reservoirs. This project, entitled the Fox Canyon Seawater Intrusion Abatement Project (Fox Canyon Project or Project), included a "pilot project" involving the conversion of one gravel pit, called the Noble Pit. Prior to the aforementioned hearings, United commissioned an environmental study of the Noble Pit pilot project, and concluded pursuant to this study that there was no substantial evidence the pilot project would have a significant impact on the environment.