Graber
Graber v. City of Upland
Opinion
Opinion
HOLLENHORST, Acting P.J.
On June 28, 1999 the Upland City Council adopted ordinances 1683 and 1684. Ordinance 1683 amended the existing Town Center redevelopment plan by deleting 77 acres from the redevelopment area. Ordinance 1684 approved a new redevelopment plan, designated Project No. 7. Project No. 7 contained the 77-acre parcel, as well as 15 other noncontiguous parcels.
Plaintiffs William Graber and the County of San Bernardino (County) filed separate validation actions to challenge the two ordinances. The actions generally contend that the ordinances are invalid because the City of Upland (City) failed to comply with provisions of the Community Redevelopment Law (Health & Saf.Code, § 33000 et seq.). [1] The actions were subsequently consolidated for all purposes. (Code Civ. Proc, § 865.)
Mr. Graber's complaint alleged that the 77-acre parcel had been unlawfully merged with the new redevelopment area, in violation of section 33354.6. He also alleged that Project No. 7 did not meet statutory requirements because at least 20 percent of the area included in Project No. 7 was not urbanized (§ 33320.1), nonblighted property had been improperly included in the project area (§§…