Friends of Glendora v. City of Glendora

Good Law
106 Cal. Rptr. 3d 534·182 Cal. App. 4th 573·2010 Cal. App. LEXIS 252·40 Envtl. L. Rep. (Envtl. Law Inst.) 20065
Court of Appeal of CaliforniaMarch 1, 2010B215114California2,807 words

Opinion

Opinion

Johnson, J.

Erica Landmann-Johnsey appeals from the trial court’s sustaining of a demurrer without leave to amend. Landmann-Johnsey’s complaint alleged that the City of Glendora violated the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) when it assessed a fee for her appeal to the city council of a planning commission decision. We affirm.

FACTS

On February 27, 2008, Friends of Glendora (a nonprofit organization) and Erica Landmann-Johnsey, a resident of the City of Glendora (City), filed a complaint in Los Angeles Superior Court for declaratory and injunctive relief and petition for writ of mandate under the California Environmental Quality Act, Public Resources Code section 21000 et seq. (CEQA), and other laws. The complaint stated, “The project (including all associated entitlements) that is the subject of this proceeding is or may have been known as the Glendora Hospital Partners Project and will consist of a 125-bed assisted-living facility located at the comer of Bonnie Cove Avenue and Gladstone Street in the City of Glendora” (the project). The complaint’s first cause of action, by Friends of Glendora, alleged that the City should have prepared…

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