In a published opinion filed on February 23, 2023, the Fourth District Court of Appeal reversed a judgment of dismissal after the sustaining of a demurrer and held that an amended writ petition challenging a city’s street closure project sufficiently stated claims against the city for Vehicle Code, local ordinance, and CEQA violations. Committee to Relocate Marilyn v. City of Palm Springs (PS Resorts, Real Party in Interest) (2023) 88 Cal.App.5th 607. As relevant here, it held the operative petition was not time-barred despite its first alleging CEQA violations more than 35 days after the City’s filing of a Notice of Exemption (“NOE”) because the City subsequently changed its project from a street vacation to an allegedly temporary street closure and Petitioner (the “Committee” or “Petitioner”) filed its amended petition alleging a CEQA claim within 180 days of learning of the change.
Continue Reading “Permanent Vacation” In Palm Springs? – Fourth District Holds CEQA’s Short 35-Day Statute of Limitations Does Not Apply Despite City’s Filing of NOE Due To Subsequent Material Change In Street Vacation Project Which Triggered Maximum 180-Day Limitations Period