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SAVE LIVERMORE DOWNTOWN v. CITY OF LIVERMORE

No. A164987.

87 Cal.App.5th 1116 (2022)

304 Cal. Rptr. 3d 103

SAVE LIVERMORE DOWNTOWN, Plaintiff and Appellant, v. CITY OF LIVERMORE et al., Defendants and Respondents; EDEN HOUSING, INC., Respondent and Real Party in Interest.

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

December 28, 2022.

Attorney(s) appearing for the Case

Latham & Watkins, Winston P. Stromberg , Michelle Cornell-Davis and Kevin A. Homrighausen for Plaintiff and Appellant.

Jason R. Alcala , City of Livermore Attorney, Kimberly Cilley , Staff Attorney; Burke, Williams & Sorensen, Stephen E. Velyvis , Eric S. Phillips and Nicholas J. Muscolino for Defendants and Respondents.

Rob Bonta , Attorney General, Daniel A. Olivas , Assistant Attorney General, Christina Bull Arndt and Andrew R. Contreiras , Deputy Attorneys General, for the Attorney General of California as Amicus Curiae on behalf of Defendants and Respondents.

Goldfarb & Lipman, James T. Diamond, Jr. , Barbara Kautz and Nazanin Salehi for the League of California Cities as Amicus Curiae on behalf of Defendants and Respondents.

Cox, Castle & Nicholson, Andrew B. Sabey , Scott B. Birkey and Robbie C. Hull for Respondent and Real Party in Interest.

OPINION

The City of Livermore (City) approved a 130-unit affordable housing project in the downtown area. A local organization calling itself Save Livermore Downtown (SLD) unsuccessfully challenged the project approval on the grounds the project is inconsistent with...

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