PRESERVATION ACTION COUNCIL, Plaintiff and Respondent,
v.
CITY OF SAN JOSE, et al., Defendants and Appellants;
Lowe's HIW, Inc., Real Party in Interest and Appellant;
International Business Machines, Inc., Intervener and Appellant.
Court of Appeal of California, Sixth District.https://leagle.com/images/logo.png
August 4, 2006.
August 4, 2006.
Attorney(s) appearing for the Case
Richard Doyle, Nora Frimann, George Rios, Joseph P. DiCiuccio, Office of the City Attorney, Attorneys for Defendants and Appellants City of San Jose and City of San Jose City Council.
Arthur J. Friedman, Steefel, Levitt & Weiss, Attorney for Real Party in Interest and Appellant Lowe's HIW, Inc.
Ronald E. Van Buskirk, Elizabeth Strahlstrom Wells, Kevin M. Fong, Pillsbury Winthrop Shaw Pittman, Attorneys for Intervener and Appellant International Business Machines, Inc.
Susan Brandt-Hawley, Paige J. Swartley, Brandt-Hawley Law Group, Attorneys for Plaintiff and Respondent Preservation Action Council of San Jose.
Carolyn Ellen Douthat, Michael H. Buhler, Elizabeth S. Merritt, Attorneys for National Trust For Historic Preservation and California Preservation Foundation As Amici Curiae on behalf of Plaintiff and Respondent.
Court of Appeal of California, Sixth District.
MIHARA, J.
The questions before us in this case are whether (1) the analysis of alternatives in an Environmental Impact Report (EIR) was adequate, (2) the City of San Jose's rejection of an environmentally superior alternative was justified by a specific infeasibility finding and supported by substantial evidence, (3) the City of San Jose erred in failing to recirculate...
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