Citizens for Responsible Government v. City of Albany

Citizens for Responsible Government, a nonprofit public benefit corporation, appeals from a judgment of dismissal of its complaint for a writ of mandate and declaratory relief against the City of Albany (hereafter City) and real parties in interest, Ladbroke Racing California, Inc. and SF Casino Management Inc. (hereafter Ladbroke). We reverse in part and remand.

Procedural and Factual Background

The appeal concerns a series of actions by the City, culminating in a vote of the electorate, to permit cardroom gaming at Golden Gate Fields, a horse racing track managed by Ladbroke. The racetrack is the only present use on 160 acres of land, locally known as the Albany Waterfront, located along the shore of San Francisco Bay to the west of interstate 80. The underlying land in the vicinity of the racetrack is owned by Catellus Development Company which leases it to Ladbroke.

The waterfront is zoned for “commercial recreation” and allows the racetrack as a conditionally permitted use. The Albany general plan, adopted in 1975 and updated in 1992, assumes the horse racing facility “will remain unchanged throughout the planning period” but also contemplates “development of…