Defend Our Waterfront v. California State Lands Commission, City and County of San Francisco, Port Commission of the City and County of San Francisco, and Does 1 through 5
Published: Nov. 15, 2014 | Result Date: Feb. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: CPF 12 512509 Bench Decision – Petition Granted
Court
San Francisco Superior
Attorneys
Petitioner
Susan L. Brandt-Hawley
(Brandt-Hawley Law Group)
Respondent
Kristen A. Jensen
(Office of the San Francisco City Attorney)
Joseph C. Rusconi
(Office of the Attorney General)
Facts
Defend our Waterfront sued the California State Lands Commission, the City and County of San Francisco, and the Port Commission of the City and County of San Francisco. San Francisco Waterfront Partners II LLC, Pacific Waterfront Properties, and the California State Teachers Retirement System were the real parties in interest.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff contended that defendants' Aug. 14, 2012 approval of the Exchange Agreement Involving Sea Wall Lot 351 violated the California Environmental Quality Act. The approval involved an exchange of Seawall Lot 351 for non-trust parcels located in Washington St. to promote a private, high-rise condominium project. Plaintiffs alleged that the approval violated CEQA because the environmental review process was inadequate, and that defendants improperly relied on a CEQA exemption in approving the agreement.
Result
The court granted plaintiffs' petition for writ of mandate, ordering defendants to set aside and vacate the approval of the subject agreement.
Other Information
FILING DATE: Sept. 25, 2012.
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