Citizens' Committee to Save Our Village v. City of Claremont

Good Law
1995 Cal. App. LEXIS 800·37 Cal. App. 4th 1157·44 Cal. Rptr. 288·44 Cal. Rptr. 2d 288·95 Daily Journal DAR 11131
Court of Appeal of CaliforniaAugust 17, 1995B083336California4,869 words

Opinion

Opinion

Stoever, J.

Appellants, Citizens’ Committee to Save Our Village et al., appeal from a judgment denying a peremptory writ of mandate ultimately seeking to compel preparation of a formal environmental impact report (EIR). Respondent City of Claremont prepared a mitigated negative declaration (MND) in lieu of a formal EIR in connection with a building project proposed by respondent Pomona College.

This appeal relates only to the proceedings pursuant to the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) All issues relating to alleged dedication for public use are the subject of another appeal pending before this court and are not considered herein.

Fact Summary and History of Administrative and Judicial Proceedings

For a period exceeding 85 years, real party in interest, Pomona College (hereinafter College), has owned a 57,000-square-foot parcel of unimproved land on the west side of its campus (hereinafter subject property). The subject property was and is essentially vacant, except for unimproved footpaths and some natural and some planted vegetation. The parties’ descriptions of this vegetation range from natural wilderness to plantings in…

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