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MAINTAIN OUR DESERT v. TOWN OF APPLE VALLEY

No. E033904.

15 Cal.Rptr.3d 322 (2004)

124 Cal.App.4th 430

MAINTAIN OUR DESERT ENVIRONMENT, Plaintiff and Appellant, v. TOWN OF APPLE VALLEY, Defendant and Respondent, Pluto Development, Inc., Real Party in Interest and Respondent.

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

As Modified July 2, 2004.

Review Denied October 27, 2004.

Attorney(s) appearing for the Case

Johnson & Sedlack, Raymond W. Johnson and Carl T. Sedlack, Temecula, CA, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Theodora Berger, Senior Assistant Attorney General, Craig C. Thompson, Supervising Deputy Attorney General, and Susan L. Durbin, Deputy Attorney General, for the State of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Singer & Coffin and M. Neil Singer, Irvine, CA, for Defendant and Respondent.

Gresham, Savage, Nolan & Tilden, John C. Nolan and Jennifer M. Guenther, San Bernardino, CA, for Real Party in Interest and Respondent.

Morrison & Foerster, Michael H. Zischke, San Francisco, CA, Donna R. Black, Los Angeles, CA, Scott B. Birkey, San Francisco, CA, and Kristin M. Kellet, Los Angeles, CA, for League of California Cities as Amicus Curiae on behalf of Defendant and Respondent.

Certified for Partial Publication.*

OPINION

RAMIREZ, P.J.

Plaintiff Maintain Our Desert Environment (MODE) appeals from the denial of its petition for a writ of mandate seeking to compel defendant Town of Apple Valley (Town) to set aside actions that it took to approve a development project (Project) proposed by real party in interest, Pluto Development, Inc. (Pluto). MODE asserts that the trial court erred when it denied...

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