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OCEAN VIEW v. MONTECITO WATER DIST.

No. B162920.

10 Cal.Rptr.3d 451 (2004)

116 Cal.App.4th 396

OCEAN VIEW ESTATES HOMEOWNERS ASSOCIATION, INC., Plaintiff and Appellant, v. MONTECITO WATER DISTRICT, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

March 2, 2004.

Attorney(s) appearing for the Case

Herb Fox, Santa Barbara, for Plaintiff and Appellant.

Price, Postel & Parma and David K. Hughes, Santa Barbara, for Defendant and Respondent.

GILBERT, P.J.

A water district wishes to cover a reservoir. It issues a Mitigated Negative Declaration (MND). The MND fails to identify and discuss significant environmental impacts. A homeowners association brings a writ of mandate to compel the water district to prepare an Environmental Impact Report (EIR) for its project. The trial court denies the petition.

Here we hold, among other things, mitigation measures taken after a MND is issued do not satisfy...

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