Parks Legal Defense Fund v. The City of Huntington Beach CA4/3

FACTS

The city sought to construct a senior center in its Central Park. In furtherance thereof, the city adopted a resolution certifying a final environmental impact report (EIR) for the project and approving a conditional use permit (CUP). On March 4, 2008, Parks filed a petition for a writ of mandate challenging the city’s actions, and asserting multiple causes of action (Parks Legal Defense Fund v. The City of Huntington Beach (Super. Ct. Orange County, 2009, No. 30-2008-00051261)) (Original Proceeding). The superior court granted in part and denied in part the requested relief. The judgment, by its terms, decreed that the certification of the EIR and the issuance of the CUP were each vacated. It also remanded the matter to the city council for further consideration and ordered the preparation, circulation and consideration of “a subsequent Environmental Impact Report (‘SEIR’) addressing the suitability of alternative off-site locations which may reasonably become available to the City as a site for the proposed

2 project, including the public school property identified by the City of Huntington Beach in these proceedings.” In addition, the court issued a peremptory writ of…