Citizens for Responsible Equitable Environmental Development v. City of San Diego

I.

INTRODUCTION

Citizens for Responsible Equitable Environmental Development (CREED) filed a second amended petition for a writ of mandate and complaint for injunctive and declaratory relief against defendant City of San Diego (the City), claiming that the City failed to provide proper notice of a public hearing at which the City approved two resolutions related to a project for the redevelopment and expansion of the University Town Center, a regional shopping center (the Project).

In its briefing in the trial court, CREED claimed that the City failed to properly provide notice of its intent to vacate a public right-of-way and to abandon various public easements on the property on which the Project would be constructed. Specifically, CREED maintained that the City failed to provide certain forms of particularized notice that CREED asserts are required by the Public Streets, Highways, and Service Easements Vacation Law (PSHSEVL) (Sts. & Hy. Code, § 8300 et seq.) and the San Diego Municipal Code (Municipal Code). CREED also claimed that the City violated the Municipal Code by failing to provide proper notice of the City’s proposed amendment of its land use plans to…