Evans

Evans v. City of San Jose

Caution
128 Cal. App. 4th 1123·2005 Cal. App. LEXIS 680·2005 Daily Journal DAR 4905·27 Cal. Rptr. 3d 675·35 Envtl. L. Rep. (Envtl. Law Inst.) 20088
Court of Appeal of CaliforniaMarch 29, 2005H026802California10,468 words

Opinion

Opinion

Bamattre-Manoukian, J.

Plaintiff Elaine Evans appeals from a judgment in favor of the City of San Jose (the City) and the Redevelopment Agency of San Jose (the Agency), in which the trial court upheld a redevelopment plan adopted by the City. Her principal claim on appeal is that there was no substantial evidence in the record of the administrative proceedings to support the City’s findings of blight in the areas affected by the redevelopment plan, within the meaning of the statutory definition of blight. (Health & Saf. Code, §§ 33030, 33031.) She also contends that the trial court erred in finding that she had failed to exhaust her administrative remedies, and in denying her request to augment the administrative record with additional evidence. And she argues that the court erred in denying her request for injunctive and declaratory relief.

We find that many of the specific claims of error appellant asserted in her complaint, and asserts here on appeal, were not raised during the course of the administrative proceedings. The doctrine of exhaustion of administrative remedies limits the scope of issues subject to judicial review to those that the administrative agency has had the opportunity to…

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