Garreks

A homeowners association challenged in court the approval of a car wash project proposed by a corporation, to be located in a shopping center bordered by residential neighborhoods. The homeowners association claimed the California Environmental Quality Act (CEQA) required the City of Fresno to prepare an environmental impact report (EIR) before approving the project. The trial court agreed and ordered an EIR prepared. Despite the pending lawsuit and the court’s order, the corporation continued with construction and completed the project—never obtaining an EIR. On appeal, the City of Fresno takes the position that an EIR is no longer required because the project is completed. Although the corporation does not explicitly adopt this position, it does so implicitly by arguing it is absurd to require an EIR because the project is completed.

The corporation apparently made a calculated business decision to go forward with the project in spite of protests by residential neighbors and pending litigation. Now the corporation must live with the consequences of its financial choice. We affirm the trial court’s decision ordering an EIR be prepared. To the City of Fresno and the…