In a petition for review of a city’s grant of a conditional use permit to build a store and its environmental impact report (EIR) regarding the same, the denial of the petition is affirmed, where the California Environmental Quality Act guidelines and the city’s municipal ordinances did not require the planning commission to review the EIR, as amended, and make a new recommendation to the city council before the city council could act.

Read Tracy First v. Tracy, No. C059227

Appellate Information

Filed August 27, 2009

Judges

Opinion by Judge Nicholson

Counsel

For Appellant:

Steven A. Herum, Herum Crabtree Brown, Stockton, CA

Brett S. Jolley, Herum Crabtree Brown, Stockton, CA

For Respondent:

Rick W. Jarvis, Jarvis, Fay & Doporto, Oakland, CA

Andrea J. Saltzman, Jarvis, Fay & Doporto, Oakland, CA

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