Rialto Citizens for Responsible Growth v. City of Rialto

Caution
146 Cal. Rptr. 3d 12·2012 Cal. App. LEXIS 920·208 Cal. App. 4th 899·2012 WL 3642802
Court of Appeal of CaliforniaJuly 31, 2012No. E052253California18,547 words

Opinion

Lead Opinion

King, J.

I. INTRODUCTION

Defendant, City of Rialto (the City), approved a 230,000-square-foot commercial retail center to be anchored by a 24-hour Wal-Mart “Supercenter” (the project). Plaintiff, Rialto Citizens for Responsible Growth (Rialto Citizens), petitioned the trial court for a writ of administrative mandate invalidating several project approvals, including the City’s resolution certifying the final environmental impact report (the EIR) for the project, several resolutions *909 amending the City’s general plan and the “Gateway Specific Plan” governing the project site, and an ordinance approving a development agreement for the project.

The trial court entered judgment in favor of Rialto Citizens and issued a peremptory writ invalidating the challenged resolutions and ordinance. Real parties in interest, Wal-Mart Real Estate Business Trust, Wal-Mart Real Estate Business Trust, Inc., and Wal-Mart Real Estate Trust, Inc. (collectively Wal-Mart), appeal. The City and its redevelopment agency, another named defendant, join Wal-Mart’s appeal. Based on our de novo review of the City’s actions certifying the EIR and approving the project, we find no prejudicial abuse of…

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