Yolo Sun News Report :
An appeal has been filed by California Clean Energy Committee against Paul Petrovich’s proposed Gateway 2 project, approved about a year ago by a split-vote of Woodland City Council and promptly sued for numerous alleged violations of the California Environmental Quality Act.
On July 16, Yolo Superior Court Judge Dan Maquire denied a request for a writ of mandate by California Clean Energy Committee to void Woodland City Council’s approval of Gateway 2. State law allows 60 days to appeal such a local ruling.
Gateway 2 is a proposed 60 acre expansion of the existing Gateway Center commercial park at Woodland’s eastern edge, including 20 acres of auto mall zoning, which has recently become a central issue in yet another matter of litigation against the City involving Panattoni Development Company’s proposed project (approved, then suddenly voided by recent City Council actions) to construct a mixed-commercial-use auto mall project on the northern side of Interstate 5 — across the freeway from Gateway Center (please see prior post).
This appeal by California Clean Energy Committee was filed today, August 29, 2012.
City of Woodland and Petrovich — “are in the process of being notified and will probably receive their notices by tomorrow,” indicates Eugene Wilson, attorney for California Clean Energy Committee.
“The Notice of Appeal was filed in the [Yolo] Superior Court and will be sent to the Third District Court of Appeal in a few days. I will be representing California Clean Energy Committee in the appeal and will be filing an opening brief within the next 70 days,” explains Wilson.
“I have reviewed the entire record of the case and the applicable precedents and in my opinion,” describes Wilson, at the local level — “the case was wrongly decided.”
Judge Maguire’s “order” denying California Clean Energy Committee’s request for a writ of mandate was extremely brief and perfunctory, lacking any genuine explanations or discussions regarding a lengthy series of key legal issues.
According to reliable sources, this case was Maguire’s initial engagement with the (uniquely complex) California Environmental Quality Act.
As a result of this appeal, the proposed Gateway 2 project will be returned to a condition of planning suspension for about another year. If successful, this appeal will void all municipal approvals for Gateway 2 and if it is to continue — require it to enter into and accomplish another Environmental Impact Report.