Redevelopment Agency v. San Diego Gas & Electric Co.
Opinion
Opinion
In this action we conclude that the Polanco Redevelopment Act (the Act) (Health & Saf. Code, § 33459 et seq.; all undesignated section references are to this code) allows a redevelopment agency to bring a civil action for an order compelling responsible parties to remove or remedy environmental contamination within a project area and that the redevelopment agency need not plead direct financial jeopardy to have standing to sue.
FACTUAL AND PROCEDURAL BACKGROUND
On this appeal of a judgment of dismissal entered after the sustaining of a demurrer, we accept as true all the material allegations of the complaint and facts that may properly be judicially noticed. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672 [ 34 Cal.Rptr.2d 386 , 881 P.2d 1083 ]; Saks v. Damon Raike & Co. (1992) 7 Cal.App.4th 419, 422 [ 8 Cal.Rptr.2d 869 ].) The Redevelopment Agency of the City of San Diego (the Agency) alleges the following facts in its complaint.
The Agency is a redevelopment agency created under the Community Redevelopment Law (§ 33000 et seq.) to develop blighted areas of San Diego. The San Diego Unified Port District (the Port District) is a public entity directed by…