Fair

Cedar Fair, L.P., the owner and operator of the Great America amusement park located in Santa Clara (Cedar Fair), appeals from the judgment of dismissal that followed the court’s order sustaining a demurrer without leave to amend to its petition for writ of mandate. Cedar Fair sought to compel the City of Santa Clara (City) and the City’s redevelopment agency (Redevelopment Agency) to vacate their approvals of the “Stadium Term Sheet,” which “set[] forth basic terms of a proposed transaction to develop a stadium ... located in the City of Santa Clara that would be the home field of the San Francisco 49ers NFL franchise.” According to the petition, “[t]he proposed stadium has a footprint of approximately 14 acres and the 49ers propose to locate the stadium on a 17-acre parcel that is subject to a long-term lease between the [Redevelopment] Agency (as landlord) and Cedar Fair (as tenant). Cedar Fair has three 10-year options remaining on the lease and currently uses this parcel site to provide parking for visitors to *1156 Great America and for special events.” Cedar Fair alleged that the term sheet approvals had to be set aside because no environmental impact report (EIR)…