YOLO SUN NEWS REPORT :
City of Woodland and Paul Petrovich (real party in interest) have lost their lawsuit defending the Gateway 2 Development Project, a doubling of the size of the existing Gateway Center at the eastern edge of the City (California Clean Energy Committee v. City of Woodland, Case Number C072033).
The City of Woodland is now under an appellate court order to soon rescind its planning certification and void its approval of Paul Petrovich’s proposed Gateway 2 Project, for multiple violation of the California Environmental Quality Act.
California’s Third Appellate District has today issued this initial statement of the disposition of this case: Pivotal for the future of Woodland, Reversal of the Yolo County Superior Court, Brought by California Clean Energy Committee to enforce the California Environmental Quality Act (another Yolo Sun News Report on the full opinion will follow):
Disposition date (YYYY-MM-DD): 2014-02-28
Disposition description: Reversed & Remanded to trial court w/directions
Disposition status as of 2014-02-28: Final
The judgment is reversed, and the matter remanded to the trial court to grant California Clean Energy Committee’s petition for writ of mandate on grounds (1) the City of Woodland’s urban decay mitigation measures are insufficient under the California Environmental Quality Act, (2) the final environmental impact report violates the California Environmental Quality Act by not properly assessing the feasibility of the mixed-use alternative, and the City of Woodland’s rationale for rejecting the mixed-use alternative is not supported by substantial evidence in its environmental impact reports, and (3) the City of Woodland did not properly assess transportation, construction, and operational energy impacts in its environmental impact reports.
The trial court shall vacate the award of costs to the City of Woodland as the prevailing party and shall retain jurisdiction over this action by way of a return to the writ of mandate demonstrating the City of Woodland has rescinded its final environmental impact report certification and project approval, after which the City of Woodland shall exercise its independent judgment as to how to proceed. (Pub. Resources Code, § 21168.9, subd. (b).)
California Clean Energy Committee shall recover its costs on appeal. (Cal. Rules of Court, rule 8.278(a)(3) & (5).)