STOCKTON CITIZENS FOR SENSIBLE PLANNING v. CITY OF STOCKTON

No. S159690.

48 Cal.4th 481 (2010)

STOCKTON CITIZENS FOR SENSIBLE PLANNING et al., Plaintiffs and Respondents, v. CITY OF STOCKTON et al., Defendants and Respondents; A.G. SPANOS CONSTRUCTION, INC., et al., Real Parties in Interest and Appellants.

Supreme Court of California.

April 1, 2010.


Attorney(s) appearing for the Case

Steefel, Levitt & Weiss, Judy V. Davidoff, Michael D. Early, Beth C. Tenney; Sheppard Mullin Richter & Hampton, Robert J. Stumpf, Jr., Arthur J. Friedman and Karin Dougan Vogel for Real Party in Interest and Appellant Wal-Mart Stores, Inc.

Briscoe, Ivester & Bazel, John Briscoe, Lawrence S. Bazel, Christian L. Marsh and Shona L. Armstrong for Real Party in Interest and Appellant A.G. Spanos Construction, Inc.

Cox, Castle & Nicholson, Michael H. Zischke and Scott B. Birkey for California Building Industry Association as Amicus Curiae on behalf of Real Parties in Interest and Appellants.

Remy, Thomas, Moose and Manley and Whitman F. Manley for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Real Parties in Interest and Appellants.

Law Offices of William D. Kopper, William D. Kopper; Kenyon Yeates, Charity Kenyon, J. William Yeates, Keith G. Wagner and Jason R. Flanders for Plaintiffs and Respondents.

Brandt-Hawley Law Group and Susan Brandt-Hawley for Planning and Conservation League as Amicus Curiae on behalf of Plaintiffs and Respondents.

Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf, Maxwell M. Freeman, Thomas H. Keeling and Michael L. Gurev for Defendants and Respondents.


OPINION

BAXTER, J.

The California Environmental Quality Act (CEQA or Act; Pub. Resources Code, § 21000 et seq.)1 seeks to ensure that public agencies will consider the environmental consequences of discretionary projects they propose to carry out or approve. On the other hand, the Act is sensitive to the particular need for finality and certainty in land use planning decisions...

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