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Friends of Riverside's Hills v. Riverside, City of

ELR Citation: 38 ELR 20287
Nos. No. E042724, (Cal. App. 4th Dist., 11/24/2008)

A California appellate court upheld the dismissal of a citizen group's California Environmental Quality Act (CEQA) claim against a city for approving three tract maps within a specific subdivision without requiring the applicant to comply with the subdivision plan's conditions for approval and mitigation measures. The group did not comply with California Government Code §66499.371, which requires that any action to attack or review the decision of a public body "concerning a subdivision" under the Subdivision Map Act (SMA) include service of a summons within 90 days after the date of the challenged decision. Here, the group's CEQA cause of action concerned a subdivision because it overlapped with the other SMA causes of action in the petition and could have been brought under the SMA. Accordingly, the trial court did not err when it dismissed the entire petition.