Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa

Bad Law
130 Cal. Rptr. 3d 520·198 Cal. App. 4th 939·2011 Cal. App. LEXIS 1117
Court of Appeal of CaliforniaAugust 25, 2011No. E047624California3,206 words

Opinion

Lead Opinion

Ramirez, J.

*941 Opinion

Coalition for a Sustainable Future in Yucaipa (Coalition) appeals from a judgment denying its petition for writ of mandate. The petition challenged a shopping center approved by respondents City of Yucaipa and its city council (jointly, City) and proposed by respondent and real party in interest Target Stores, Inc. (Target), on land owned by respondent and real party in interest Palmer General Corporation (Palmer). The principal ground of the petition was that the project conflicted with affordable housing requirements, but it also alleged failures to properly consider and deal with greenhouse gas emissions, urban decay effects, and traffic impacts. Appellant’s opening brief focuses on the affordable housing and greenhouse gas issues.

FACTS

Prior to the filing of a respondents’ brief, City and Target moved to dismiss the appeal on the ground of mootness, and Coalition opposed the motions. The motions were denied without prejudice to reconsideration by the panel deciding the case; however, the court took up the issue again, and after further letter memoranda, determined that the appeal had been rendered moot.

The mootness determination was based on events…

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