BOARD OF SUPERVISORS OF RIVERSIDE CTY. v. Superior Court

The underlying action to which this writ petition relates is a mandamus and a declaratory and injunctive relief proceeding brought by Temecula Ranchos against the County of Riverside (County), in which Temecula Ranchos challenges County’s approval of a residential *834 housing project on the basis that County improperly determined that the project will not have a significant effect on the environment and issued a negative declaration to that effect as to the project. The question presented by the petition filed in this court is whether Temecula Ranchos complied with the statutory requirements for service of its petition for administrative mandamus under Public Resources Code section 21167 (petition) contained in Public Resources Code section 21167.6, subdivision (a). 1 We conclude that the latter section of the Public Resources Code does establish the procedure for obtaining jurisdiction over County in the underlying action, but that the failure to personally serve the petition on County within the specified period was not fatal to Temecula Ranchos’s action.

I

Procedural History of the Underlying Action

The procedural history of the underlying action is not subject to…

I concur in the result but I completely disagree with the reasoning of the majority opinion. The majority has misconstrued Public Resources Code section 21167.6, subdivision (a) to reach a result which jurisdictionally limits the time within which a mandate petition alleging a California Environmental Quality Act (CEQA) violation may be served to 10 days. In my view, such a narrow holding is not compelled by Public Resources Code section 21167.6, subdivision (a) or any other provision of law.

I read the majority opinion to rest on the following conclusions:

I disagree with each of these conclusions.

1. Public Resources Code Section 21167.6, Subdivision (a) Does Not Contain a Requirement for Jurisdictional Service.

The underlying action consisted of a petition for writ of mandate and a complaint for declaratory and injunctive relief. The writ was brought to review the administrative detíision pursuant to Code of Civil Procedure sections 1085 and 1094.5.

Service of the writ petition was therefore governed by Code of Civil Procedure section 1107: “When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a…

Best, Best & Krieger, Michelle Ouellette and Meredith Jury for Real Party in Interest.

OPINION

TIMLIN, Acting P.J.

The underlying action to which this writ petition relates is a mandamus and a declaratory and injunctive relief proceeding brought by Temecula Ranchos against the County of Riverside (County), in which Temecula Ranchos challenges County's approval of a residential housing project on the basis that County improperly determined that the project will not have a significant effect on the environment and issued a negative declaration to that effect as to the project. The question presented by the petition filed in this court is whether Temecula Ranchos complied with the statutory requirements for service of its petition for administrative mandamus under Public Resources Code section 21167 (petition) contained in Public Resources Code section 21167.6, subdivision (a). [1] We conclude that the latter section of the Public Resources Code does establish the procedure for obtaining jurisdiction over County in the underlying action, but that the failure to personally serve the petition on County within the specified period was not fatal to Temecula Ranchos's action.

The…