GDB Partner Kevin Sullivan Obtains Court of Appeal Opinion Upholding Adoption of a Mitigated Negative Declaration

Land Use Alert (January 2018)

On January 10, 2018, the California Court of Appeal, Fourth Appellate District, Division One published a decision upholding the City of San Diego’s adoption of a Mitigated Negative Declaration for a private school project next to a designated historical resource and adjacent to the Carmel Valley River Enhancement Program area. Mr. Sullivan represented the operator of the private school.
In Clews Land and Livestock, LLC v. City of San Diego, Court of Appeal No. D071145, the Court concluded that the trial court properly upheld the City’s use of a MND in approving the private school project despite claims by neighbors of alleged significant impacts from school operations. The years long attorney-led opposition to the project included expert testimony of a supposed fair argument of significant impacts. Among other items, the Court found the expert testimony to be speculative, conclusory and insufficient to constitute substantial evidence to meet the fair argument standard. 

For further information, please contact Kevin Sullivan at 760.431.9501.
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