Tehachapi First v. City of Tehachapi CA5

FACTS

The Parties Plaintiff Tehachapi First is an unincorporated organization that alleges its members are residents, citizens, taxpayers and property owners in Tehachapi and the Tehachapi area. Plaintiff’s members include Shannon Turner, Rory Turner, Christopher Zehnder, Susan Robins, and Sara Klingenberg. Defendant City is organized under the general law of California and is located in Kern County. It is a “general law city” as that term is defined in Government Code section 34102 and is the lead agency responsible under CEQA for reviewing the environmental effects of the proposed project. Real party in interest Wal-Mart Stores, Inc. is a Delaware corporation with its principal place of business in Bentonville, Arkansas (Wal-Mart). Wal-Mart is the owner and proponent of the project. Early in the litigation, the parties stipulated that Wal-Mart was the “recipient of an approval” for purposes of CEQA and agreed to the dismissal of the developer, Greenberg Farrow Architecture Incorporated. The Project Wal-Mart owns 25 acres of undeveloped land south of Tehachapi Boulevard and east of, and adjacent to, Tucker Road (State Route 202). The land is designated for community commercial…