Joshua Tree Downtown Bus. Alliance v. Co. of San Bernardino

Good Law
Court of Appeal of CaliforniaJuly 13, 2016E062479California8,464 words

Opinion

Opinion

Filed 6/15/16 Certified for publication 7/13/16 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

JOSHUA TREE DOWNTOWN

BUSINESS ALLIANCE,

E062479

Plaintiff and Appellant, (Super.Ct.No. CIVDS1307794) v.

OPINION

COUNTY OF SAN BERNARDINO,

Defendant and Respondent;

DYNAMIC DEVELOPMENT, LLC,

Real Party in Interest and Appellant.

APPEAL from the Superior Court of San Bernardino County. Donald R. Alvarez,

Judge. Reversed.

Gresham, Savage, Nolan & Tilden, John C. Nolan, and Jonathan E. Shardlow for

Real Party in Interest and Appellant.

Law Office of Babak Naficy and Babak Naficy for Plaintiff and Appellant.

1 Bart W. Brizzee, Principal Assistant County Counsel, for Defendant and

Respondent.

Dynamic Development, LLC (Dynamic) sought to build a new retail store

(Project) in Joshua Tree. Residents of Joshua Tree vociferously opposed the Project.

They argued that it would clash with the town’s artistic, independent, and rural character;

they also argued that it would cause various adverse environmental impacts, including

urban decay. Nevertheless, the County of San Bernardino (County) found that an

environmental…

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