BUILDING INDUSTRY ASSN. OF CENTRAL CALIFORNIA v. COUNTY OF STANISLAUS

No. F058826.

190 Cal.App.4th 582 (2010)

118 Cal. Rptr. 3d 467

BUILDING INDUSTRY ASSOCIATION OF CENTRAL CALIFORNIA, Plaintiff and Respondent, v. COUNTY OF STANISLAUS et al., Defendants and Appellants; CALIFORNIA FARM BUREAU FEDERATION et al., Interveners and Appellants.

Court of Appeals of California, Fifth District.

November 29, 2010.


Attorney(s) appearing for the Case

Shute, Mihaly & Weinberger, Matthew D. Zinn and Mary J. Reichert ; John P. Doering , County Counsel, and Thomas E. Boze , Deputy County Counsel, for Defendants and Appellants.

Wilson Sonsini Goodrich & Rosati, Bradford C. O'Brien and Dominique C. Alepin for California Council of Land Trusts as Amicus Curiae on behalf of Defendants and Appellants.

Orrick, Herrington & Sutcliffe, Karen Johnson-McKewan and Matthew Tolve for The Sierra Club, The Planning and Conservation League and Greenbelt Alliance as Amici Curiae on behalf of Defendants and Appellants.

Burke, Williams & Sorensen, and Thomas B. Brown ; Hanson Bridgett , Thomas B. Brown and Sophia B. Belloli for The League of California Cities and the California State Association of Counties as Amici Curiae on behalf of Defendants and Appellants.

Law Offices of Donald B. Mooney, Donald B. Mooney , and Marsha A. Burch ; Christian C. Scheuring and Jack L. Rice for Interveners and Appellants.

Sheppard Mullin Richter & Hampton, David P. Lanferman and James G. Higgins for Plaintiff and Respondent.

Christopher M. Whitcomb ; Cox, Castle & Nicholson and Kenneth B. Bley for National Association of Home Builders as Amicus Curiae on behalf of Plaintiff and Respondent.


OPINION

LEVY, P. J.

In December 2007, appellants, the Stanislaus County Board of Supervisors (Board) and the County of Stanislaus (County), adopted an update to the agricultural element of the County's general plan. At issue in this appeal is one component of this update, the Farmland Mitigation Program (FMP).

The FMP is designed to aid in mitigating the loss of farmland...

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