Cumming
Cumming v. City of San Bernardino Redevelopment Agency
Opinion
lead Opinion
Gaut, J.
1. Introduction
The Redevelopment Agency of the City of San Bernardino (the Agency) appeals from a judgment granting a petition for writ of mandate. The petition asserted that the Agency had violated CEQA, the California Environmental Quality Act, when it approved the sale of redevelopment property by the Agency to California Bio-Mass, Inc. (Bio-Mass). Stewart D. Gumming and *1231 the Cimarron Ranch Neighborhood Association (Cimarron), a group of 378 homeowners, were the petitioners below and are the respondents on appeal. We reverse on the grounds the petition is barred by the 180-day statute of limitations set forth in Public Resources Code section 21167. 1 We also deny petitioners’ request for judicial notice. 2
2. Factual and Procedural Background
We derive the following account from the court record and the administrative record as contained in the joint appendix supplied by the parties.
The 10-acre parcel, the subject of this action, is part of the Northwest Redevelopment Project, 1477.9 acres controlled by the Agency and located in the City of San Bernardino (City). In 1982, the Agency prepared an environmental impact report (EIR) for the Northwest…