Fall River Wild Trout Foundation v. County of Shasta

J.Plaintiffs Fall River Wild Trout Foundation, Michael Fitzwater, and W. R. Ranches LLC filed a petition for writ of mandate in Shasta County Superior Court. They sought to set aside the Shasta County Board of Supervisors’ adoption of a mitigated negative declaration and zoning amendment to permit development along Fall River by real party in interest Fall River Ranches. Shasta County and its board of supervisors (collectively County) and Fall River Ranches appeal from the order granting plaintiffs’ petition.

The County and Fall River Ranches raise two issues on appeal: (1) whether the court erred in ruling plaintiffs were excused from exhausting their administrative remedies by the County’s failure to give notice to a trustee agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.); and (2) whether the County’s failure to send a copy of the mitigated negative declaration to a trustee agency was a prejudicial abuse of discretion or merely harmless error. We affirm the order.

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The CEQA Environmental Review Process

Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359 [ 43 Cal.Rptr.2d 170 ] (Gentry) describes the three-stage…