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Citizens for a Megaplex-Free Alameda v. Alameda, City of

ELR Citation: 37 ELR 20074
Nos. No. A114941, (Cal. App. 1st Dist., 03/29/2007)

A California court upheld the dismissal of a petition under the California Environmental Quality Act (CEQA) challenging a city's approval of a redevelopment project involving both the rehabilitation of a historic theater and the construction of an adjacent multi-screen cineplex and parking structure. The city determined that the project did not require preparation of an environmental impact report under the CEQA and instead adopted a mitigated negative declaration. Because the petition was filed after the statute of limitations for mitigated negative declarations had passed, §21166 of the Public Resources Code applies, and the original mitigated negative declaration stands. No subsequent or supplemental environmental review is required.