NASSEPA v. CITY OF SAN JUAN CAPISTRANO

No. G033198.

16 Cal.Rptr.3d 146 (2004)

120 Cal.App.4th 961

NATIVE AMERICAN SACRED SITE AND ENVIRONMENTAL PROTECTION ASSOCIATION (NASSEPA) et al., Plaintiffs and Appellants, v. CITY OF SAN JUAN CAPISTRANO et al., Defendants and Respondents; Pueblo Serra, LLC, Real Party in Interest and Respondent.

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

June 30, 2004.


Attorney(s) appearing for the Case

Brandt-Hawley Law Group, Susan Brandt-Hawley, Glen Ellen, and Paige J. Swartley, San Francisco, for Plaintiffs and Appellants.

Woodruff, Spradlin & Smart, John R. Shaw and Jason S. Retterer, Orange, for Defendants and Respondents.

Rutan & Tucker, Robert S. Bower and John A. Ramirez, Costa Mesa, for Real Party in Interest and Respondent.


OPINION

RYLAARSDAM, Acting P.J.

Plaintiffs Native American Sacred Site and Environmental Protection Association (NASSEPA), Fran Yorba, and Damien Shilo appeal from a judgment entered after the court sustained without leave to amend the demurrers of defendants City of San Juan Capistrano and City of San Juan City Council and of real party in interest Pueblo Serra, LLC (Pueblo) to plaintiffs' petition for writ of mandate. The issue is whether defendants properly...

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