This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Modification: Santa Rita Union School District v. City of Salinas

Ruling by

Helen E. Williams

Lower Court

Monterey County Superior Court

Lower Court Judge

Marla O. Anderson

City was not required to include school project alternatives stemming from a potential lack of funding in its environmental impact report.





Court

California Courts of Appeal 6DCA

Cite as

2023 DJDAR 9337

Published

Sep. 11, 2023

Filing Date

Sep. 7, 2023

Opinion Type

Modification

Disposition Type

Reversed and Remanded

Case Fully Briefed

Dec. 9, 2022

Oral Argument

Jul. 13, 2023


 

 

SANTA RITA UNION SCHOOL DISTRICT et al.,

Plaintiffs and Respondents,

v.

CITY OF SALINAS,

Defendant;

REXFORD TITLE, INC., et al.,

Real Parties in Interest and Appellants.

 

No. H049854

(Monterey County Super. Ct. No. 20CV000242)

California Court of Appeal

Sixth Appellate District

Filed September 7, 2023

 

ORDER MODIFYING OPINION

AND DENYING REHEARING

 

NO CHANGE IN JUDGMENT

 

BY THE COURT:

It is ordered that the opinion filed herein on August 10, 2023, be modified as follows:

1. On page 7, starting on line 11, the phrase beginning with "citing section" and ending on line 12 with "section 15186," is deleted so the sentence reads:

The EIR also noted that future site-specific environmental review would be required for each new school from the responsible school district as lead agency before approval of as yet unknown designs for each facility.

 

There is no change in judgment.

 

Respondent's petition for rehearing is denied.

 

WILLIAMS, J.*

 

WE CONCUR:

DANNER, ACTING P.J.

WILSON, J.

 

* Judge of the Santa Clara County Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

 

 

 

 

 

#281640

For reprint rights or to order a copy of your photo:

Email Jeremy_Ellis@dailyjournal.com for prices.
Direct dial: 213-229-5424