Citizens for Political Responsibility v. Pico Rivera Redevelopment Agency, et al

Meyers Nave successfully defended the City of Pico Rivera Redevelopment Agency in Citizens for Political Responsibility in Pico Rivera v. City of Pico Rivera Redevelopment Agency, et al. Specifically, the Court found that in reviewing the real party in interest's (Wal-Mart) application for a building permit, the Agency complied with the provisions of its Redevelopment Plan, that it did not violate CEQA and that Petitioner's request for declaratory relief was improper.

Writ of Mandamus

The first cause of action dealt with to the Agency's alleged failure to abide by its Redevelopment Plan. Here, Petitioner sought a traditional writ of mandate under Code of Civil Procedure section 1085. The Court found that Petitioner lacked standing to seek a mandamus action in this instance because they had no "beneficial interest" for a writ to be issued. The Court also found that Petitioner failed to exhaust its administrative remedies. Lastly, the Court found that the Redevelopment Plan does not inflexibly require the Agency to make written findings on review of a permit application. Rather, Debbie Lopez's approval of the building plans was an approval in writing that was acceptable under the Redevelopment Plan.

CEQA

In its second cause of action, Petitioner alleged that the Agency did not comply with the provisions of CEQA by its failure to analyze whether the Wal-Mart expansion could result in significant environmental impacts.

The Court found that the building plan approval was not a project under CEQA because it was a ministerial act. Additionally, the Court found that the building permit approval was not an "approval" of a project triggering the Agency's obligation to conduct CEQA review. Lastly, the Court found that there was no change in the project to require further CEQA review. The Court ultimately found that the record contained substantial evidence to support the Agency's decision to not conduct additional CEQA review.

Declaratory Relief

Finally, in its third cause of action, Petitioner sought a judicial determination whether the Agency should have complied with alleged procedural requirements of the Redevelopment Plan, and whether compliance with those procedures is optional. The Court found that Petitioner's declaratory relief action was a collateral means of attack on the particular actions of the Agency that Petitioner was challenging in its petition for writ of mandamus. Specifically, the court held that a declaratory relief action cannot be used to attack the approval of a building permit and a specific order or decision can only be reviewed via a writ petition.

Petitioner, a citizens group filed a petition for writ of mandate and complaint for declaratory relief against the Agency and its directors. The action challenged the Agency's review and approval of a building permit to expand an existing Wal-Mart store. The Court denied Petitioner's three causes of action and awarded the Agency its costs.