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Uphold Our Heritage v. Woodside, Town of

ELR Citation: 37 ELR 20039
Nos. No. A113376, (Cal. App. 1st Dist., 01/10/2007)

A California appellate court upheld a lower court order directing a town to set aside its issuance of a permit to Steve Jobs—co-founder and chief executive officer of Apple—to demolish a historic mansion so he could construct a smaller-single family residence. The town council found that the proposed alternatives to the demolition identified in an environmental impact report (EIR) were not feasible and that specific overriding economic, legal, social, technological, and other benefits of the project outweighed the project's significant impacts on the environment. Yet, the town's feasibility findings were not supported by substantial evidence. And because the record does not support the council's finding that all of the alternatives included in the EIR are infeasible, the council's statement of overriding circumstances is necessarily invalid.