G.I. Industries v. City of Thousand Oaks
(2022) 84 Cal.App.5th 814

As previously summarized by this firm, on October 26, 2022, the Court of Appeal in G.I. Industries interpreted the Brown Act to require that the meeting agenda for a regular meeting of a local legislative body explicitly include reference to a CEQA exemption determination, if such a determination is being considered by the legislative body during the course of the meeting. On November 22, 2022, the Court of Appeal issued an order denying rehearing and modifying its original decision. This firm’s summary of the modifications to the Court of Appeal’s decision can be read here.

Most recently, on February 15, 2023, the California Supreme Court took two notable actions. First, the Court denied the petitions for review filed by the real party in interest and the City of Thousand Oaks. Second, the Court issued an order decertifying the decision. This is significant because it means the G.I. Industries decision is no longer citable as legal precedent. That being said, it may still behoove local agencies to clearly reference any CEQA exemption determination on its meeting agenda to avoid any controversy.

[This alert does not constitute legal advice and no attorney-client relationship is created by viewing or responding to this alert.  Legal counsel should be sought for answers to specific legal questions.]