Coalition for Clean Air v. City of Visalia

INTRODUCTION

A labor union, three public interest organizations, and an individual filed a lawsuit challenging the City of Visalia’s (City) handling of VWR International, LLC’s proposal to build a large distribution facility in Visalia. Plaintiffs alleged that the City’s approval of the project violated the California Environmental Quality Act (CEQA) 1 and provisions of the Visalia Municipal Code regarding permits. They also contend that City’s agreement to reimburse VWR International for street improvements associated with the new facility constituted an illegal expenditure of public funds because it violated a *412 section of the Visalia Municipal Code prohibiting payments to developers. In addition, plaintiffs sought a writ of mandate against VWR International to compel its compliance with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules concerning air pollution from indirect sources.

The trial court sustained, without leave to amend, the demurrer of VWR International on the grounds that (1) the CEQA claim was time-barred by the applicable 35-day limitations period, (2) plaintiffs lacked standing to obtain a writ of mandate to compel City or VWR…