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Tomlinson v. Alameda, County of

ELR Citation: 40 ELR 20166
Nos. No. A125471, (Cal. App. 1st Dist., 06/18/2010)

A California appellate court held that a subdivision development project is not exempt from environmental review under the California Environmental Quality Act (CEQA). The county deemed the project exempt from CEQA under the categorical exemption for in-fill development. But the proposed subdivision does not satisfy the exemption's "within city limits" requirement. Although the development would occur in an established urbanized area, it would be located in an unincorporated area of the municipality. Accordingly, the project is not exempt from CEQA review.