By Chris Garrett, Diego Flores, Lucas Quass and Samantha Seikkula

CEQA Case Report: Understanding the Judicial Landscape for Development[i]

In an unpublished opinion issued March 26, 2018, Golden Door Properties, LLC v. Vallecitos Water District, the California Court of Appeal affirmed the trial court’s judgment sustaining the Vallecitos Water District’s (District’s) demurrer from Golden Door, LLC’s (Golden Door’s) challenge to two statutory assessments in which the District concluded there is a sufficient water supply for Newland Sierra, LLC’s (Newland’s) proposed residential development (Project) in rural unincorporated San Diego County (County). In summary, the court determined:

• A Water Supply Assessment issued by a water district in conjunction with a project’s CEQA review process is not independently reviewable and may only be challenged as part of a final EIR.
• Challenges to a rescinded Water Verification are moot if there is uncertainty about whether particular dispute will recur and, in any case, will not evade review.