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Eureka Citizens for Responsible Gov't v. Eureka, City of

ELR Citation: 37 ELR 20032
Nos. No. A113289, (Cal. App. 1st Dist., 01/08/2007)

A California appellate court upheld a lower court decision denying a petition for writ of mandate challenging a city's approval of a school playground. School volunteers, unaware that local law required "all school related activities be conducted within the buildings or at neighborhood playgrounds," constructed the outdoor playground on school property. The school then applied for and received a conditional use permit for the playground. Several residents objected and filed the instant petition. Contrary to their allegations, the city did not improperly grant post-hoc approval of illegally constructed improvements. Nor did it fail to properly apply and enforce its own land use ordinances. Lastly, the city's environmental review of the project under the California Environmental Quality Act was sufficient.