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SAVE OUR BAY, INC v. SAN DIEGO UNIFIED PORT DIST.

Docket No. D023148.

42 Cal.App.4th 686 (1996)

49 Cal. Rptr.2d 847

SAVE OUR BAY, INC., Plaintiff and Appellant, v. SAN DIEGO UNIFIED PORT DISTRICT, Defendant and Respondent; CITY OF NATIONAL CITY, Real Party in Interest and Respondent.

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

February 9, 1996.

Attorney(s) appearing for the Case

COUNSEL

Craig A. Sherman for Plaintiff and Appellant.

Gatzke, Mispagel & Dillon, Michael Scott Gatzke, Lori D. Ballance, Linda K. Harter and George H. Eiser III for Defendant and Respondent and for Real Party in Interest and Respondent.

OPINION

NARES, J.

In a mandate proceeding challenging the adequacy of an environmental impact report (EIR) for a project (see Pub. Resources Code, § 21168; Code Civ. Proc.,1 § 1094.5), is the landowner whose land must be acquired to complete the project an indispensable party where the only other parties are (1) the third party petitioner, the lead agency respondent which certified the adequacy...

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