Superior Court Strikes Down the Marin County Housing Element SEIR for Violating CEQA.
BREAKING NEWS: Honorable Judge Chernus denies county's motion to vacate. 2012 Housing Element and SEIR is "Legally Set Aside" until the adequate traffic study is conducted and court's findings addressed.
The Legal Challenge
The Court's Decision
The Case Development:
9/24/2013BOS 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.
9/26/2014Administrative 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.
3/30/2015The Court recused itself and has reassigned the case to Department B, Judge Chernus.
4/23/2015The 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.
6/10/2015The 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.”
7/6/2015BREAKING NEWS: The county officially filed a motion to overturn the Court’s decision in favor of MCA by asking the judge to vacate his decision. This means that the judge voids his own ruling and re-instate the SEIR.
7/16/2015 MCA's Response to Motion to Vacate.MCA attorney Michael Graf expertly describes why the judge should keep the decision to set aside the SEIR. If one must read any of the briefs written so far, this document is a must read.
8/7/2015 Honorable Judge Chernus denies County's Motion to Vacate. He is very firm in his response to county as to why their arguments have no merit. To read his ruling follow the link above.
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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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