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

By Christopher W. Garrett, Daniel P. Brunton, Robert C. Hull, and Natalie C. Rogers

In an unpublished opinion issued January 31, 2018, Citizens for Open & Public Participation v. City of Montebello, Case No. B277060, the California Court of Appeal affirmed the trial court’s denial of a petition for writ of mandate, upholding the City of Montebello’s (City) approval of a residential development project (Project). In summary, the court determined:

• The trial court properly struck portions of the plaintiff’s opening brief that were inconsistent with the petition, in which the plaintiff had filed no statement of issues, and when the local rules required briefing to be consistent with the statement of issues.

• A petitioner challenging an action as violating the Brown Act must show prejudice.

• A city’s determination that a project is consistent with its general plan carries a strong presumption of regularity that a project opponent can overcome only by showing the city abused its discretion.