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Citizens for Open Gov't v. Lodi, City of

ELR Citation: 36 ELR 20228
Nos. No. C051419, (Cal. App. 3d Dist., 10/11/2006)

A California appellate court reversed a lower court decision dismissing a citizen group's petition for writ of mandate challenging a city's approval of a shopping center. The group claimed that the city's certification of the final environmental impact report and its approval of a use permit for the shopping center violated the California Environmental Quality Act. The lower court dismissed the petition because the group failed to file a notice of appeal of the planning commission's decision to the city council. However, a representative of the group appeared and objected to the city's proposed actions at each of the hearings before the planning commission and city council. Hence, the group has exhausted its administrative remedies and it has standing.