SIERRA CLUB v. SJLAFC

No. S072212.

87 Cal.Rptr.2d 702 (1999)

981 P.2d 543

21 Cal.4th 489

SIERRA CLUB et al., Plaintiffs and Appellants, v. SAN JOAQUIN LOCAL AGENCY FORMATION COMMISSION, Defendant and Respondent; Califia Development Group et al., Real Parties in Interest and Respondents.

Supreme Court of California.

August 19, 1999.


Attorney(s) appearing for the Case

Brandt-Hawley & Zoia and Susan Brandt-Hawley, Glen Ellen, for Plaintiffs and Appellants.

Nancy N. McDonough and David Guy, Sacramento, for Plaintiff and Appellant San Joaquin Farm Bureau Federation.

Remy, Thomas and Moose, Michael H. Remy, James G. Moose, John H. Mattox, Sacramento, and Lee Axelrad, for the Planning and Conservation League as Amicus Curiae on behalf of Plaintiffs and Appellants.

Herum, Crabtree, Dyer, Zolezzi & Terpstra, Steven A. Herum and Thomas H. Terpstra, Stockton, for Defendant and Respondent and for Real Parties in Interest and Respondents Gold Rush City Holding Company, Inc., and Califia Development Group.

Susan Burns Cochran, City Attorney, for Real Party in Interest and Respondent City of Lathrop.

Van Bourg, Weinberg, Roger & Rosenfeld and Sandra Rae Benson, Oakland, for the Northern California District Council of Laborers as Amicus Curiae on behalf of Defendant and Respondent and Real Parties in Interest and Respondents.

Meyers, Nave, Riback, Silver & Wilson, Andrea J. Saltzman and Rick W. Jarvis, San Leandro, for Seventy Four California Cities as Amicus Curiae on behalf of Real Parties in Interest and Respondents.


WERDEGAR, J.

In Alexander v. State Personnel Bd. (1943) 22 Cal.2d 198, 137 P.2d 433 (Alexander), we held that when the Legislature has provided that a petitioner before an administrative tribunal "may" seek reconsideration or rehearing1 of an adverse decision of that tribunal, the petitioner always must seek reconsideration in order to exhaust his or her administrative remedies prior to seeking recourse in the courts. The...

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