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HABITAT TRUST FOR WILDLIFE, INC. v. CITY OF RANCHO CUCAMONGA

Nos. E043925, E043925, E044797.

175 Cal.App.4th 1306 (2009)

THE HABITAT TRUST FOR WILDLIFE, INC., Plaintiff and Appellant, v. CITY OF RANCHO CUCAMONGA et al., Defendants and Respondents; SPS DEVELOPMENT SERVICES, INC., et al., Real Parties in Interest and Respondents. THE HABITAT TRUST FOR WILDLIFE, INC., et al., Plaintiffs, Cross-defendants and Appellants, v. SPS DEVELOPMENT SERVICES, INC., et al., Defendants and Respondents; HENDERSON CREEK PROPERTIES, LLC, Defendant, Cross-complainant and Respondent.

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

July 21, 2009.

Attorney(s) appearing for the Case

The Law Office of Craig A. Sherman and Craig A. Sherman for Plaintiff and Appellant and for Plaintiffs, Cross-defendants and Appellants.

Richards, Watson & Gershon, Mitchell E. Abbott and Ginetta L. Giovinco for Defendants and Respondents City of Rancho Cucamonga and City Council of the City of Rancho Cucamonga.

Manatt, Phelps & Phillips, Alan J. Kessel, Keli N. Osaki; Law Offices of Judith B. Oakes and Judith B. Oakes for Defendant and Respondent SPS Development Services, Inc. and for Defendant, Cross-complainant and Respondent.

Jackson, DeMarco, Tidus & Peckenpaugh, Michael L. Tidus and Daniel A. Friedlander for Defendants and Respondents Rancho 2004, LLC, Granite Homes of California, Inc., Granite Homes, Inc. and Granite Construction Services, LP.

Allen Matkins Leck Gamble Mallory & Natsis, Stephen R. Thames, Brian R. Bauer; Ruth E. Stringer, County Counsel, and Mitchell L. Norton, Deputy County Counsel, for Defendant and Respondent County Service Area 70, Improvement Zone OS-1.

Davis & Rayburn and Thomas P. Davis, for Defendant and Respondent Brody McFarland.

OPINION

MILLER, J.

Plaintiff, The Habitat Trust for Wildlife, Inc. (Habitat), appeals from a judgment in favor of defendants City of Rancho Cucamonga and city council of the City of Rancho Cucamonga (sometimes City Council otherwise, collectively City) on its petition for writ of mandate. By its petition Habitat sought to force City to set aside a resolution determining that Habitat is not a qualified conservation entity (QCE) and to enter a new resolution...

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