Alliance for Protection of Auburn Community Environment v. County of Placer

Defendant County of Placer (County) certified an environmental impact report (EIR) prepared by real party in interest Bohemia Properties, LLC (Bohemia), for the development of a 155,000-square-foot building (the project). Plaintiffs Alliance for the Protection of the Auburn Community Environment, Joseph H. Marman, and Lari L. Knedel (Alliance) filed a petition for a writ of mandate under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) challenging the project’s approval and alleging CEQA violations. Bohemia filed a demurrer, which the County joined, arguing the petition was barred by the applicable statute of limitations. The court sustained the demurrer without leave to amend and denied Alliance’s motion seeking relief on the grounds of mistake or excusable neglect. Alliance appeals, contending it is entitled to relief under Code of Civil Procedure section 473. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In 2008 Bohemia submitted an application for the proposed development of the project. The County concluded the project required an EIR. A draft EIR was circulated, followed by a public comment period and…