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BROWNING-FERRIS INDUSTRIES v. CITY COUNCIL

Docket No. H000285.

181 Cal.App.3d 852 (1986)

226 Cal. Rptr. 575

BROWNING-FERRIS INDUSTRIES OF CALIFORNIA, INC., Plaintiff and Appellant, v. CITY COUNCIL OF THE CITY OF SAN JOSE et al., Defendants and Respondents; WASTE MANAGEMENT OF CALIFORNIA, INC., et al., Real Parties in Interest and Appellants.

Court of Appeals of California, Sixth District.

May 6, 1986.

Attorney(s) appearing for the Case

COUNSEL

Andrew L. Faber, Linda A. Callon, Russell J. Hanlon and Berliner, Cohen & Biagini for Plaintiff and Appellant.

Joan R. Gallo, City Attorney, and George Rios, Assistant City Attorney, for Defendants and Respondents.

David W. Alden, Timothy P. Walker, Orrick, Herrington & Sutcliffe, Norman E. Matteoni and Matteoni, Saxe & Nanda for Real Parties in Interest and Appellants.

OPINION

AGLIANO, P.J.

Browning-Ferris Industries of California, Inc. (BFI) appeals from a judgment denying its petition for writ of mandate. BFI sought to compel respondents City Council of the City of San Jose and City of San Jose (hereafter collectively referred to as City) to set aside approval of the final environmental impact report (EIR) and the rezoning of the sanitary landfill site known as Kirby Canyon.

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