Roberson

Roberson v. City of Rialto CA4/2

Good Law
173 Cal. Rptr. 3d 66·2014 Cal. App. LEXIS 532·226 Cal. App. 4th 1499
Court of Appeal of CaliforniaMay 21, 2014E058187California6,256 words

Opinion

Opinion

King, J.

I. INTRODUCTION

On July 15, 2008, defendant and respondent, City of Rialto (the City), through its city council, adopted several “project approvals,” clearing the way for the construction of a large commercial retail center in the City, to be anchored by a Wal-Mart Supercenter (the project). Plaintiff and appellant, Marcus L. Roberson, petitioned the trial court for a writ of administrative mandate (Code Civ. Proc., § 1094.5) invalidating and setting aside the project approvals, namely, a resolution certifying an environmental impact report for the project, resolutions approving general and specific plan amendments for the project site, and an ordinance approving a development agreement for the ' project.

In his trial brief, Roberson claimed the project approvals were invalid only because the notice of the initial, July 1, 2008, public hearing before the city council on the project approvals did not indicate that the planning commission had recommended the city council adopt the project approvals. (Gov. Code, §§ 65090, 65094; Environmental Defense Project of Sierra County v. County of Sierra (2008) 158 Cal.App.4th 877, 890-893 [ 70 Cal.Rptr.3d 474 ] (Environmental…

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