Visalia Smart Growth Coalition v. City of Visalia CA5

Filed 7/3/13 Visalia Smart Growth Coalition v. City of Visalia CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORT

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

VISALIA SMART GROWTH COALITION,

F065525

Plaintiff and Appellant, (Super. Ct. No. VCU243353) v.

CITY OF VISALIA,

OPINION

Defendant and Respondent;

WAL-MART STORES, INC.,

Real Party in Interest and Respondent.

APPEAL from a judgment of the Superior Court of Tulare County. Lloyd L. Hicks, Judge. M. R. Wolfe & Associates, Mark R. Wolfe for Plaintiff and Appellant. Dooley, Herr, Peltzer & Richardson, Leonard C. Herr and Ron Statler for Defendant Respondent. Gresham, Savage, Nolan & Tilden, Jennifer M. Guenther and Tracy M. Owens for Real Party in Interest and Respondent. -ooOoo- This case concerns the City of Visalia’s approval of a conditional use permit for the expansion of an existing retail…