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Porterville Citizens for Responsible Hillside Dev. v. Porterville, City of

ELR Citation: 37 ELR 20298
Nos. No. F051953, (Cal. Ct. App., 11/09/2007)

A California appellate court reversed a lower court's grant of a peremptory writ of mandamus in favor of an environmental group that set aside defendant city's approval of a housing project subdivision map and that required a focused environmental impact report (EIR) or equivalent analysis to be conducted in relation to the development plan. Where the record before the city council does not contain substantial evidence supporting a fair argument that the proposed housing project, as mitigated, may have adverse environmental impacts pursuant to the California Environmental Quality Act (CEQA), and where plaintiff failed to exhaust its administrative remedies with respect to its prima facie CEQA violation claim, such claims and others relating to consistency and adequacy of the general plan are forfeited.