Health First v. March Joint Powers Authority

1. Introduction

This CEQA case involves the development by the March Joint Powers Authority (the Authority) with Tesco Stores West, Inc. (Tesco), the British grocer, of a large warehouse distribution facility located on former March Air Force Base.

Since the mid-1990’s, the Authority has been developing and implementing a reuse plan for the former military base. Tesco submitted a design plan application (Plot Plan 06-03) to the Authority in May and June 2006. The Authority approved the application in September 2006. Construction was completed and the facility became operational early in 2008. The distribution facility serves Tesco’s Fresh & Easy Neighborhood Markets in several states.

In October 2006, Health First, a citizens’ group, filed a petition for writ of mandate challenging the approval of Tesco’s design plan application on CEQA grounds. In April 2008, the court entered judgment granting the writ petition on the grounds that approval of the application was discretionary, not ministerial. The Authority and Tesco, the real party in interest, appeal.

Tesco and the Authority argue that approval of the design plan application was a ministerial act, not a…