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CATHAY MORTUARY, INC. v. SAN FRANCISCO PLANNING COM.

Docket No. A039937.

207 Cal.App.3d 275 (1989)

254 Cal. Rptr. 778

CATHAY MORTUARY, INC., Plaintiff and Appellant, v. SAN FRANCISCO PLANNING COMMISSION et al., Defendants and Respondents; NICHOLAS DAPHNE et al., Real Parties in Interest.

Court of Appeals of California, First District, Division One.

January 20, 1989.

Attorney(s) appearing for the Case

COUNSEL

James J. Reilly and Paul J. Slavit for Plaintiff and Appellant and for Real Parties in Interest.

Louise H. Renne, City Attorney, Judith A. Boyajian and Melba Yee, Deputy City Attorneys, for Defendants and Respondents.

OPINION

NEWSOM, J.

The City and County of San Francisco proposes to acquire by eminent domain the property of Cathay Mortuary, Inc., for development of a park. In its environmental review of the project, the Department of City Planning issued a negative declaration with respect to the need for an environmental impact report. The owners of the Cathay Mortuary, Nicholas and Virginia Daphne (hereafter real parties), appealed the decision...

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