On May 17, 2020, the California Supreme Court granted review of the First District Court of Appeal’s controversial and much criticized published decision in Make UC a Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, which held the University’s long-range campus development plan (LRDP) EIR inadequate, throwing a monkey wrench into its efforts to redevelop and build much-needed student and homeless housing at the historic People’s Park site. (My March 3, 2023 post on the Court of Appeal’s decision can be found here.)
The Supreme Court’s case number for this matter is S279242, and the Court’s docket states that the case presents the following issues:
“(1) Does the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) require public agencies to consider as an environmental impact the increased social noise generated by student parties that a student housing project might bring to a community?
“(2) Under CEQA, when a lead agency has identified potential sites for future development and redevelopment in a programmatic planning document, is the agency required to revisit alternative locations for a proposed site-specific project within the program?”
CEQA practitioners will not be surprised by this grant of review, and will definitely be looking forward to the Supreme Court’s resolution of and guidance regarding these important issues. Rule 8.1115(e)(1) of the California Rules of Court provides that pending the Supreme Court’s review and decision, the Court of Appeal’s opinion “has no binding or precedential effect, and may be cited for potentially persuasive value only.” Further, any citation to the Court of Appeal’s opinion must note the grant of review and any subsequent Supreme Court action.
Questions? Please contact Arthur F. Coon of Miller Starr Regalia. Miller Starr Regalia has had a well-established reputation as a leading real estate law firm for fifty years. For nearly all that time, the firm also has written Miller & Starr, California Real Estate 3d, a 12-volume treatise on California real estate law. “The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. The firm has expertise in all real property matters, including full-service litigation and dispute resolution services, transactions, acquisitions, dispositions, leasing, construction, management, title insurance, environmental law, and redevelopment and land use. For more information, visit www.msrlegal.com.