ORANGE CITIZENS FOR PARKS & RECREATION v. SUPERIOR COURT

No. S212800.

2 Cal.5th 141 (2016)

ORANGE CITIZENS FOR PARKS AND RECREATION et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; MILAN REI IV LLC et al., Real Parties in Interest. ORANGE CITIZENS FOR PARKS AND RECREATION et al., Plaintiffs and Appellants, v. MILAN REI IV LLC et al., Defendants and Respondents.

Supreme Court of California.

December 15, 2016.


Attorney(s) appearing for the Case

Daniel P. Selmi ; Shute, Mihaly & Weinberger, Rachel B. Hooper , Robert S. Perlmutter and Susannah T. French for Petitioners and for Plaintiffs and Appellants.

Kerr & Wagstaffe, Michael von Lowenfeldt for Professor Joseph F.C. Dimento, Terrell Watt, AICP, Greenbelt Alliance and the Planning and Conservation League as Amici Curiae on behalf of Petitioners and Plaintiffs and Appellants.

Zach Cowan , City Attorney (Berkeley); David Kahn , City Attorney (Brisbane), Teresa Stricker , Deputy City Attorney; and Julia Hayward Biggs , City Attorney (Menifee), for City of Berkeley, City of Brisbane and City of Menifee as Amici Curiae on behalf of Petitioners and Plaintiffs and Appellants.

Michelle Wilde Anderson and David Pettit for California Native Plant Society, Center on Biological Diversity, Center on Race, Poverty & the Environment, Communities for a Better Environment, Endangered Habitats League, Friends of Harbors, Beaches, and Parks, Hills for Everyone, Natural Resources Defense Council and Sierra Club as Amici Curiae on behalf of Petitioners and Plaintiffs and Appellants.

Linda Krop for Environmental Defense Center as Amicus Curiae on behalf of Petitioners and Plaintiffs and Appellants.

Wayne W. Winthers , City Attorney; Woodruff, Spradlin & Smart and David A. DeBerry for Real Parties in Interest and for Defendants and Respondents Mary Murphy, City Clerk of the City of Orange, City Council of the City of Orange and City of Orange.

Duane Morris , Colin L. Pearce , Keith Zakarin , David E. Watson and Heather U. Guerena for Real Party in Interest and for Defendant and Respondent Milan REI IV LLC.

Nicholas S. Chrisos , County Counsel, and Leon J. Page , Deputy County Counsel, for Real Parties in Interest and for Defendants and Respondents Neal Kelley and Orange County Registrar of Voters.

Jennifer B. Henning ; Michael R.W. Houston , City Attorney (Anaheim); Mark W. Steres , City Attorney (Cerritos); Michael J. Shirey , Deputy City Attorney (Chula Vista); and Douglas C. Holland , City Attorney (Palm Springs), for California State Association of Counties and the Cities of Anaheim, Cerritos, Chula Vista and Palm Springs as Amici Curiae on behalf of Real Parties in Interest and Defendants and Respondents.

No appearance for Respondent Superior Court.


OPINION

In 2006, real party in interest Milan REI IV LLC (Milan) purchased over 50 acres of land (Property) in the Orange Park Acres area in the City of Orange (City). Milan envisioned a 39-unit residential development (Project or Ridgeline Project) on the Property, which was formerly the home of the Ridgeline Golf Course...

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