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Fiorentino v. Fresno, City of

ELR Citation: 37 ELR 20099
Nos. No. F050578, (Cal. App. 5th Dist., 05/04/2007)

A California appellate court upheld the dismissal of a petition challenging a city's decision to adopt a resolution renewing a Central Valley Project water contract with the Bureau of Reclamation. The contract, originally made in 1961, requires the United States to deliver 60,000 acre-feet of Class I water to the city per year. Petitioners claimed that the city violated the California Environmental Quality Act (CEQA) in adopting the resolution. The lower court properly dismissed the CEQA petition because the petitioners did not file a request for hearing within 90 days of filing their petition, as was required by §21167.4(a) of the California Public Resources Code. Furthermore, filing a request for hearing on the 91st day did not cure the failure to meet the deadline, even though it was filed before the motion to dismiss. In addition, the lower court did not abuse its discretion when it denied relief under the discretionary relief provisions of Code of Civil Procedure §473.