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SOUTH ORANGE COUNTY WASTEWATER AUTHORITY v. CITY OF DANA POINT

No. G044059.

196 Cal.App.4th 1604 (2011)

SOUTH ORANGE COUNTY WASTEWATER AUTHORITY, Plaintiff and Appellant, v. CITY OF DANA POINT, Defendant and Respondent; MAKAR PROPERTIES, LLC, Real Party in Interest and Respondent.

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

June 30, 2011.

Attorney(s) appearing for the Case

Bowie, Arneson, Wiles & Giannone, Wendy H. Wiles and Jeffrey A. Hoskinson for Plaintiff and Appellant.

Rutan & Tucker, Robert S. Bower and John A. Ramirez for Defendant and Respondent.

Richards, Watson & Gershon, Steven H. Kaufmann and Ginetta L. Giovinco for Real Party in Interest and Respondent.

OPINION

BEDSWORTH, J.—

INTRODUCTION

We confront here the converse of our usual California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) issue. Here, we are asked to order an environmental impact report, not to assess the impact of a proposed project on the present environment, but to assess the impact of the present environment upon a proposed project. The argument is that the environment needs...

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