Modification: Sierra Club v. County of Fresno

SIERRA CLUB et al.,

Plaintiffs and Respondents,

v.

COUNTY OF FRESNO et al.,

Defendants;

FRIANT RANCH, L.P.,

Real Party in Interest and Appellant.

No. F079904

(Super. Ct. No. 11CECG00706)

California Courts of Appeal

Fifth Appellate District

Filed December 22, 2020

ORDER MODIFYING OPINION AND DENYING PUBLICATION REQUESTS

[NO CHANGE IN JUDGMENT]

CERTIFIED FOR PARTIAL PUBLICATION

THE COURT:

It is ordered that the opinion filed herein on November 24, 2020, be modified as follows:

On page 33, insert the following paragraph to the end of part II.B.5. immediately before the Disposition heading:

Finally, issues involving the application of section 21166 (supplemental and subsequent EIR's) or Guidelines section 15162 (subsequent EIR's) were not represented in this appeal.  Therefore, this opinion expresses no views on how those provisions should be applied in the further proceedings after remand.

There is no change in the judgment.

The requests for publication of parts I. and II.A. of the Discussion and depublication of part II.B.5. of the Discussion filed on December 11, 2020 and December 14, 2020, are hereby denied. Part II.B.5. is modified as stated above.

In compliance with California Rules of Court, rule 8.1120(b), the Clerk/Executive Officer of this court shall transmit copies of the request for publication, the opinion, and this order to the Supreme Court.

FRANSON, J.

I CONCUR:

HILL, P.J.