Fat

Fat v. County of Sacramento

Good Law
119 Cal. Rptr. 2d 402·2002 Cal. App. LEXIS 3679·2002 Daily Journal DAR 4646·97 Cal. App. 4th 1270·2002 Cal. Daily Op. Serv. 3742
Court of Appeal of CaliforniaApril 4, 2002No. C037610California3,708 words

Opinion

Lead Opinion

Callahan, J.

Defendant County of Sacramento (County) approved a negative declaration and conditional use permit allowing real parties in interest Sunset Skyranch Pilots Association and Daniel Lang (collectively the Pilots) to operate and expand Sunset Skyranch Airport (Airport) in Elk Grove. Plaintiffs Kenneth F. Fat and Wing K. Fat (collectively the Fats) filed a petition for writ of mandate to set aside County’s actions on grounds it failed to comply with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA). 1 The court granted the petition, and County appeals.

The sole issue is whether County abused its discretion in using the physical conditions that existed in 1997 as the baseline for deciding whether *1273 the proposed project would result in significant environmental impacts. 2 We conclude County proceeded in the manner required by law, and therefore reverse the judgment.

Factual and Procedural Background

Airport has operated as a privately owned public facility since 1934. Lang acquired the property in 1971 when it “consisted only of a dirt strip, one hangar, and four to five airplanes . . . .”

In 1971, the board of supervisors approved a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.