Superior Court Strikes Down the Marin County Housing Element SEIR for Violating CEQA.



The Legal Challenge

The Brief

Amended Petition

The County Opposition Brief

The Reply Brief to the County

The Tentative Ruling

The Court Decision

The Case Development:

9/24/2013  BOS certifies HE.

10/24/2013 MCA challenges HE.

3/28/2014 County's effort to dismiss the case fails.

4/30/2014 Case Management Conference.  Court allows MCA to conduct their own administrative record.  A big WIN for MCA and Marin residents.

9/26/2014  Administrative Record Complete.

11/24/2014 Opening Brief Filed. See link above.

11/24/2014 Amended Petition Filed.   

12/22/2014 County's Opposition Brief filed.

1/17/2015 Reply Brief to the County.

2/12/2015 The court continues the trial to March 27, 2015 siting "voluminous issues and documents".

3/23/2015 The March 27 Court Hearing has been cancelled. 

The Superior Court Judge has ordered a delay of the final Court Hearing in order for a Case Management Conference to be conducted.  The Case Management Conference will review the issue of whether a change of venue to another Superior Court, outside of Marin County, would be required for the final adjudication of this case.

3/30/2015  The Court recused itself and has reassigned the case to Department B, Judge Chernus.

4/23/2015  The Tentative Ruling.  See above for link.

4/29/2015 The Court Hearing.

4/29/2015  Honorable Judge heard both Plaintiff and Respondents arguments and he will make a final ruling within 90 days.

6/10/2015  The Court’s Decision:  Superior Court Strikes Down the Marin County Housing Element SEIR for Violating CEQA

The Court’s Conclusion:

“The court finds that the Housing Element SEIR violated CEQA by not conducting its own environmental analysis for the significant traffic impacts discussed above, which impact was not adequately covered in the prior CWP EIR. The petition is granted on this ground…. “

Pursuant to Pub Res Code 21168 (9)b, it is ordered that a preemptory writ of mandate shall issue directing Respondent County to set aside the certification of the SEIR, the Approvals for the Housing Element and its Statement of Overriding Considerations, and take no further action until Respondent conducts the necessary environmental review consistent with CEQA” (California Environmental Quality Act) “… and to recirculate that new document as necessary.”



Photo Credit: ms.akr


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Our Mission

Marin Community Alliance (MCA) is a grassroots local community organization formed to protect and preserve the character of Marin County's communities and ensure that the local government planning policies respect and represent the interests, needs and desires of its constituents and their neighborhoods.

Michael Graf, who successfully won the SPAWN case against the county, is now representing MCA as legal counsel as our case proceeds to full litigation.

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