Atwell

Atwell v. City of Rohnert Park

Good Law
238 Cal. Rptr. 3d 248·27 Cal. App. 5th 692
Court of Appeal of CaliforniaSeptember 18, 2018A151896, A153011California5,239 words

Opinion

Lead Opinion

Margulies, J.

Appellants Nancy Atwell, Elizabeth Craven, and Matthew Weinstein appeal the denial of their petition for writ of mandate against the City of Rohnert Park (City). In 2010 and 2015, the city council approved and reapproved an expansion for an existing Wal-Mart store, which would include a full grocery component. Appellants contend the city council's second approval was inconsistent with its General Plan and land use policy LU-7. The trial court concluded appellants' petition was barred by res judicata because a prior petition challenging the city council's initial approval also asserted a claim contesting General Plan consistency. The trial court further held appellants' petition was barred by the statute of limitations and substantial evidence supported the city council's determination the expansion complied with the General Plan. We affirm the judgment.

I. BACKGROUND

A. The Initial Project and EIR

The City's General Plan includes land use policy LU-7 (hereafter Policy LU-7) which declares the City's obligation to: "Encourage new neighborhood commercial facilities and supermarkets to be located to maximize accessibility to all residential areas. [¶] The intent is to ensure that…

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