Citizens for Open Government v. City of Lodi, et al.
Published: May 29, 2010 | Result Date: May 12, 2010 | Filing Date: Jan. 1, 1900 |Case number: CV026002 Bench Decision – Dismissal
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Janice D. Magdich
(Office of San Joaquin City Attorney)
Arthur J. Friedman
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
In 2002, developer Darryl Browman proposed a project to build a Wal-Mart Supercenter store to anchor a 40-acre shopping center at the corner of Lower Sacramento Road and Kettleman Lane in the City of Lodi. The City approved the proposal, but the court reversed its original approval in 2005, finding the environmental impact report (EIR) was legally defective in failing to address issues of urban decay and energy. The City subsequently revised the EIR, and the revisions were approved by the City Council.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs Citizens for Open Government and Lodi First filed suit against the City and Wal-Mart, alleging issues of climate change, urban blight, and groundwater usage were not taken into consideration by the EIR, therefore making it invalid.
DEFENDANTS' CONTENTIONS:
Wal-Mart contended that the EIR was in accordance with the California Environmental Quality Act.
Result
The court found that the revised EIR was adequate.
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