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TRACY FIRST v. CITY OF TRACY

No. C059227.

177 Cal.App.4th 912 (2009)

TRACY FIRST, Plaintiff and Appellant, v. CITY OF TRACY, Defendant and Respondent; WINCO FOODS, Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

As modified September 18, 2009.

Attorney(s) appearing for the Case

Herum Crabtree Brown, Herum Crabtree, Steven A. Herum, Brett S. Jolley, Kerri K. Foote and Natalie M. Weber for Plaintiff and Appellant.

Cox, Castle & Nicholson, Andrew B. Sabey and Sarah E. Owsowitz for Real Party in Interest and Appellant.

Debra E. Corbett, Daniel G. Sodergren, City Attorneys; Jarvis, Fay & Doporto, Rick W. Jarvis and Andrea J. Saltzman for Defendant and Respondent.

OPINION

NICHOLSON, J. —

The City of Tracy (City) prepared an environmental impact report (EIR) with respect to a proposed specific plan amendment and a conditional use permit to build a 95,900-square-foot WinCo Foods store. After considering the EIR and public comments, the city council certified the EIR and approved the project. Tracy First filed a petition for writ of mandate in the trial court against the City challenging the certification...

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