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WOODWARD PARK HOMEOWNERS v. CITY OF FRESNO

No. F049481.

58 Cal.Rptr.3d 102 (2007)

150 Cal.App.4th 683

149 Cal.App.4th 892

WOODWARD PARK HOMEOWNERS ASSOCIATION, INC., et al., Plaintiffs and Appellants, v. CITY OF FRESNO et al. Defendants and Respondents, DeWayne Zinkin, Real Party in Interest and Respondent.

Court of Appeal of California, Fifth District.

As Modified on Denial of Rehearing May 11, 2007.

Attorney(s) appearing for the Case

Law Offices of Richard L. Harriman and Richard L. Harriman, Fresno, for Plaintiffs and Appellants.

James C. Sanchez, City Attorney, David P. Hale, Chief Assistant City Attorney, Kathryn Phelan, Deputy City Attorney; Burke, Williams & Sorensen, Geralyn L. Skapik, Amy E. Morgan, Riverside, and Stefanie G. Field for Defendants and Respondents.

Motschiedler, Michaelides & Wishon, James A. McKelvey and C. William Brewer, Fresno, for Real Party in Interest and Respondent.

OPINION

WISEMAN, Acting P.J.

This case concerns the City of Fresno's approval of a new commercial development on vacant land near Woodward Park in Fresno. Invoking the California Environmental Quality Act (CEQA), two local organizations asked the superior court to set aside the city's approval. The court declined. We will reverse the superior court's decision. As we will explain, the city's actions violated CEQA and it must do the environmental review process...

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