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St. Vincent's Sch. for Boys v. San Rafael, City of

ELR Citation: 38 ELR 20068
Nos. No. A116690, (Cal. App. 1st Dist., 03/18/2008)

A California appellate court affirmed a lower court decision denying a property owner's petition challenging changes to a city's zoning rules. The city's general land use plan initially called for future annexation of certain property owned by the plaintiff. In 2004, the city council adopted a new plan that deleted the annexation provisions and instead focused future development in three existing community centers. Contrary to arguments made by the property owner, the city did not exceed its police powers when it adopted the new plan. In addition, the environmental impact report adequately considered alternatives to the new plan.