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FRIENDS OF SIERRA R.R v. TUOLUMNE PARK AND REC.

No. F050117.

54 Cal.Rptr.3d 500 (2007)

147 Cal.App.4th 643

FRIENDS OF the SIERRA RAILROAD, Plaintiff and Appellant, v. TUOLUMNE PARK AND RECREATION DISTRICT, Defendant and Respondent; Tuolumne Band of Me-Wuk Indians, Real Party in Interest and Respondent.

Court of Appeal of California, Fifth District.

January 12, 2007.

Attorney(s) appearing for the Case

Remy, Thomas, Moose and Manley, Whitman F. Manley, Sabrina V. Teller, Sacramento, and Michele A. Tong, for Plaintiff and Appellant.

Holland & Knight, Jerome L. Levine, Frank R. Lawrence, J. Michelle Hickey, Amanda J. Monchamp, San Francisco, and Timothy Q. Evans, for Defendant and Respondents.

OPINION

WISEMAN, J.

Tuolumne Park and Recreation District, a public agency, sold land containing a disused but historic railroad right-of-way to the Tuolumne Band of Me-Wuk Indians without carrying out any environmental review pursuant to the California Environmental Quality Act. The Tuolumne Band owned surrounding property and was known to plan on developing it, but had never presented any development plans to any agency. The trial court denied a petition...

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