Emca

El Morro Community Ass'n v. California Department of Parks & Recreation

Good Law
122 Cal. App. 4th 1341·19 Cal. Rptr. 3d 445·2004 Cal. App. LEXIS 1672·2004 Daily Journal DAR 12345·34 Envtl. L. Rep. (Envtl. Law Inst.) 20112
Court of Appeal of CaliforniaOctober 5, 2004G032990California7,694 words

Opinion

Opinion

O'Leary, J.

The El Morro Community Association (EMCA) and the Wise Use Front (WUF) appeal from a judgment denying their petition for a writ of mandate to compel the California Department of Parks and Recreation (the Department) to rescind its certification of the environmental impact report (EIR) for a project located within Crystal Cove State Park. The project involves demolition of a private beachfront mobile home park (upon the impending expiration of the residents’ leases) and conversion of the site to public facilities including a campground, parking, and picnic areas. EMCA is a mutual benefit corporation composed of current residents of the mobile home park. WUF is an unincorporated association comprised of current mobile home park residents and other individuals who are “interested” in the use of public trust resources. EMCA contends the Department abused its discretion by not proceeding according to law in preparing and certifying the EIR, thus violating the requirements of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), and the trial court abused its discretion by not permitting the augmentation of the administrative record. We find no…

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