Zack

Marin Emergency Radio Authority (MERA), a “joint powers agency” (Gov. Code, § 6500 et seq.) made up of 25 local public agencies situated in Marin County, including the County itself, appeals from an order of the Marin County Superior Court granting petitions for peremptory writs of mandamus sought in consolidated actions by Citizens for Open Process in Antenna Siting (COPAS) and Russ and Joni Pratt (collectively, the Pratt plaintiffs), and Howard and Diane Zack (the Zack plaintiffs), and denying MERA’s cross-petition against the Town of Tiburón, identified in both actions as the real party in interest.

The court barred MERA from placing a radio antenna in Tiburón without first complying with that town’s land use ordinances and preparing a supplemental or subsequent environmental impact report (SEIR) pursuant to the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.)

As we conclude that MERA is not subject to local zoning law, that the circumstances of this case do not require preparation of an SEIR, and that plaintiffs’ related claims are also without merit, we shall reverse the judgment.

FACTS AND PROCEEDINGS BELOW

The Joint Powers…