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ELECTRONICALLY FILED
superior Court of California,
OFFICE OF THE PLACER COUNTY COUNSEL County of Placer
Clayton T. Cook (SBN 260891) 06/26/2020
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Eric C. Brumfield (SBN 306642) dy: Manna Olivarez Fuentes, Deputy Clert
175 Fulweiler Avenue
Auburn, California 95603
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Telephone: (530) 889-4044
Facsimile: (530) 889-4069
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Email: ccook@placer.ca.gov
ebrumfield@placer.ca.gov
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Attorney for Respondent COUNTY OF PLACER
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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CONCERNED CITIZENS FOR Case No. SCV0043035
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COMMUNITY AND PUBLIC LANDS,
RESPONDENT COUNTY OF PLACER’S
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Petitioner, ANSWER TO VERIFIED PETITION
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FOR WRIT OF MANDATE
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v.
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(CEQA; Surplus Land Act)
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COUNTY OF PLACER,
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Respondent.
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DOES 1 to 10, Complaint filed: May 22, 2019
Trial Date: October 16, 2020
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Real Parties in Interest.
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Respondent COUNTY OF PLACER (hereinafter “County”) hereby answers the causes of
action in the Verified Petition for Writ of Mandate (“Petition”) filed by Petitioner CONCERNED
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CITIZENS FOR COMMUNITY AND PUBLIC LANDS (“Petitioner”) on May 22, 2019 as follows:
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INTRODUCTION
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1. Answering the first sentence of Paragraph 1, the County admits each and every
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allegation therein. Answering the second sentence of Paragraph 1, the County contends that the
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allegations and assumptions set forth therein contain argument, speculation, and conclusions of law,
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rather than statements of fact and, therefore, do not require a response. To the extent a further response
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is required, the County denies each and every allegation therein.
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1
ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
2. Answering Paragraph 2, the County contends that the allegations and assumptions set
forth therein contain argument, speculation, and conclusions of law, rather than statements of fact
and, therefore, do not require a response. To the extent a further response is required, the County
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denies each and every allegation therein.
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3. Answering Paragraph 3, the County contends that the allegations and assumptions set
forth therein contain argument, speculation, and conclusions of law, rather than statements of fact
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and, therefore, do not require a response. To the extent a further response is required, the County
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denies each and every allegation therein.
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4. Answering Paragraph 4, the County contends that the allegations and assumptions
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10 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
1] fact and, therefore, do not require a response. To the extent a further response is required, the
12 County denies each and every allegation therein.
13 5. Answering the firstsentence of Paragraph 5, the County contends that the California
14 Environmental Quality Act (“CEQA”) speaks for itself and isthe best record of itscontents. To the
15 extent a further response isrequired, the County denies each and every allegation therein. The County
16 also affirmatively asserts, on information and belief, that it fully complied with CEQA in approving
17 the Project. Answering the remainder of Paragraph 5, the County contends that the allegations and
18 assumptions set forth therein contain argument, speculation, and conclusions of law, rather than
19 statements of fact and, therefore, do not require a response. To the extent a further response is
20 required, the County denies each and every allegation therein.
21 6. Answering Paragraph 6, the County contends that the allegations and assumptions
22 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
23 fact and, therefore, do not require a response. To the extent a further response isrequired, the
24 County denies each and every allegation therein.
25 7. Answering Paragraph 7, the County contends that the allegations and assumptions
26 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
27 fact and, therefore, do not require a response. To the extent a further response is required, the
28 County denies each and every allegation therein.
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
8. Answering Paragraph 8, the County contends that the allegations and assumptions
set forth therein contain argument, speculation, and conclusions of law, rather than statements of
fact and, therefore, do not require a response. To the extent a further response isrequired, the
County denies each and every allegation therein.
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JURISDICTION
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9, Answering Paragraph 9, the County contends that the Code of Civil Procedure, and
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particularly sections 1085 and 1094.5; and the Public Resources Code, and particularly sections
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21168 and 21168.5, speak for themselves and are the best record of their contents. The County
further contends that the allegations and assumptions therein contain argument, speculation, and
10 conclusions of law, rather than statements of fact and, therefore, do not require a response. To the
11 extent a further response is required, the County denies each and every allegation therein.
12 PARTIES
13 10. Answering Paragraph 10, the County contends that it lacks information and belief
14 sufficient to enable itto answer, and on that basis denies each and every allegation therein.
15 11. | Answering Paragraph 11, the County admits each and every allegation therein.
16 12. Answering Paragraph 12, the County lacks information and belief sufficient to answer,
17 and on that basis denies each and every allegation therein.
18 STATEMENT OF FACTS
19 Project Site
20 13. Answering Paragraph 13, the County admits each and every allegation therein.
21 14. Answering Paragraph 14, the County admits each and every allegation therein.
22 15. Answering Paragraph 15, the County admits each and every allegation therein.
23 History of DeWitt Center and Planning Background
24 16. Answering Paragraph 16, the County contends that the allegations regarding
25 “permanently designed buildings” are too vague and ambiguous to enable it to answer, and on that
26 basis denies the allegations therein. As to the remainder of the paragraph, the County, on
27 information and belief, admits each and every allegation therein
28 17. Answering Paragraph 17, the County admits each and every allegation therein.
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
18. | Answering the firstsentence of Paragraph 18, the County admits that the State of
California acquired DeWitt General Hospital, and began using the site as a California state mental
hospital, but denies the remaining allegations in the sentence. Answering the second sentence of
Paragraph 18, the County admits each and every allegation therein.
19. Answering the first sentence of Paragraph 19, the County admits that itrented
buildings at the project site for various different purposes, including businesses, churches, schools,
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non profits and residential uses, but the remaining allegations in the sentence contain argument,
speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a
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response. To the extent a further response is required, the County denies each and every allegation
10 therein. Answering the second sentence of Paragraph 19, the County contends that the allegations
I] and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than
12 statements of fact and, therefore, do not require a response. To the extent a further response is
13 required, the County denies each and every allegation therein.
14 20. Answering Paragraph 20, the County admits that demolition and construction has
15 occurred on the project siteover the last 30 years, including construction of the Finance and
16 Administration Building in the late 1980s and the Auburn Main Jail and the Juvenile Detention
17 Center in the early and mid-1990s. Answering the remaining allegations in Paragraph 20, the
18 County contends that the allegations and assumptions set forth therein contain argument,
19 speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a
20 response. To the extent a further response is required, the County denies each and every allegation
21 therein.
22 21. Answering Paragraph 21, the County contends that the 1993 Placer County
23 Comprehensive Facilities Master Plan speaks for itselfand is the best record of itscontents. To the
24 extent a further response is required, the County admits each and every allegation therein.
25 22. Answering the first sentence of Paragraph 22, the County admits each and every
26 allegation therein. Answering the remaining sentences of Paragraph 22, the County contends that
27 the 2003 EIR and the County’s approval speaks for itself and are the best record of its contents. To
28 the extent a further response is required, the County denies each and every allegation therein.
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
23. Answering the first sentence of Paragraph 23, the County admits that each and every
allegation therein. Answering the second sentence of Paragraph 23, the County contends that the
allegations and assumptions set forth therein contain argument, speculation, and conclusions of law,
rather than statements of fact and, therefore, do not require a response. To the extent a further
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response is required, the County denies each and every allegation therein.
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24. Answering Paragraph 24, the County contends that the allegations are too vague as
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to time to enable itto answer, and on that basis denies the allegations therein.
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25. | Answering the firstsentence of Paragraph 25, the County contends that the allegations
and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than
10 statements of fact and, therefore, do not require a response. To the extent a further response is
1] required, the County denies each and every allegation therein. Answering sentences two and three of
12 Paragraph 25, the County contends that itlacks information and belief sufficient to enable itto answer,
13 and on that basis denies each and every allegation therein. Answering the final two sentences of
14 Paragraph 25, the County contends that the allegations and assumptions set forth therein contain
15 argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not
16 require a response. To the extent a further response is required, the County denies each and every
17 allegation therein.
18 26. Answering Paragraph 26, the County contends that the allegations and assumptions
19 set forth therein are too vague as to time, and contain argument, speculation, and conclusions of
20 law, rather than statements of fact and, therefore, do not require a response. To the extent a further
21 response is required, the County denies each and every allegation therein.
22 27. Answering Paragraph 27, the County contends that the allegations and assumptions
23 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
24 fact and, therefore, do not require a response. To the extent a further response is required, the
25 County denies each and every allegation therein.
26 28. Answering Paragraph 28, the County contends that the March 22 and July 25, 2011
27 Board of Supervisor meeting minutes speak for themselves and are the best record of their contents.
28 To the extent a further response is required, the County denies each and every allegation therein.
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
29. Answering Paragraph 29, the County contends that the allegations and assumptions
set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact
and, therefore, do not require a response. To the extent a further response is required, the County
denies each and every allegation therein.
30. Answering Paragraph 30, the County contends that the allegations and assumptions
set forth therein contain argument, speculation, and conclusions of law, rather than statements of
fact and, therefore, do not require a response. To the extent a further response isrequired, the
County denies each and every allegation therein.
31. Answering Paragraph 31, the County contends that the allegations and assumptions
10 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
1] fact and, therefore. do not require a response. To the extent a further response is required, the
12 County denies each and every allegation therein.
13 32. | Answering the firstsentence of Paragraph 32, the County admits that the public
14 commented on the Board action involving Costco in March of 2014, but denies the remaining
15 allegations. Answering the remainder of Paragraph 32, the County lacks information and belief
16 sufficient to answer, and on that basis denies each and every allegation therein.
17 33. Answering the first sentence of Paragraph 33, the County admits it hired an
18 architectural firm to evaluate the DeWitt Theater. Answering the remainder of the first sentence of
19 Paragraph 33 and the remaining sentences of Paragraph 33, the County contends that the allegations
20 and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than
21 statements of fact and, therefore, do not require a response. To the extent a further response 1S
22 required, the County denies each and every allegation therein.
23 34. Answering the first sentence of Paragraph 34, the County admits that itexecuted an
24 option to enter into a ground lease with Costco, and that later Costco withdrew the option.
25 Answering the remaining sentences of Paragraph 34, the County contends that the allegations and
26 assumptions set forth therein contain argument, speculation, and conclusions of law, rather than
27 statements of fact and, therefore, do not require a response. To the extent a further response is
28 required, the County denies each and every allegation therein.
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
35. Answering the first sentence of Paragraph 35, the County denies the allegations.
Answering the second sentence of Paragraph 35, the County contends that the allegations and
assumptions set forth therein contain argument, speculation, and conclusions of law, rather than
statements of fact and, therefore, do not require a response. To the extent a further response is
required, the County denies each and every allegation therein.
36. Answering the first two sentences of Paragraph 36, the County contends that the
allegations and assumptions set forth therein contain argument, speculation, and conclusions of law,
rather than statements of fact and, therefore, do not require a response. To the extent a further
response is required, the County denies each and every allegation therein. Answering the third and
10 fourth sentences of Paragraph 36, the County contends that itlacks information and belief sufficient
1] to enable itto answer, and on that basis denies each and every allegation therein.
12 37. | Answering Paragraph 37, the County contends that the allegations and assumptions
13 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
14 fact and, therefore, do not require a response. To the extent a further response is required, the
15 County denies each and every allegation therein.
16 38. | Answering Paragraph 38, the County contends that the letter submitted to the County
17 by the State Office of Historic Preservation speaks for itself and isthe best record of itscontents. The
18 County further contends that the allegations and assumptions therein contain argument, speculation,
19 and conclusions of law, rather than statements of fact, and therefore, do not require a response. To
20 the extent a further response is required, the County denies each and every allegation therein.
21 39. Answering Paragraph 39, the County contends that the allegations and assumptions
22 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
23 fact and, therefore, do not require a response. To the extent a further response is required, the
24 County denies each and every allegation therein.
25 40. | Answering Paragraph 40, the County contends that the allegations and assumptions
26 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
27 fact and, therefore, do not require a response. To the extent a further response is required, the
28 County denies each and every allegation therein.
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
41. Answering Paragraph 41, the County admits each and every allegation therein.
Project Description
42. Answering Paragraph 42, the County admits each and every allegation therein.
43. Answering Paragraph 43, the County admits each and every allegation therein.
44. Answering Paragraph 44, the County admits each and every allegation therein.
45. Answering Paragraph 45, the County admits each and every allegation therein.
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46. | Answering Paragraph 46, the County admits that the PCGC Master Plan Update
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results in demolition of 35 of the contributing features to the Dewitt General Hospital Historic
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District, and that 15 contributing structures would be retained, including buildings 114-118, 301-
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10 305, 418-420, 423 and 430. Answering the remaining allegations, the County contends that the
1] allegations and assumptions set forth therein contain argument, speculation, and conclusions of law,
12 rather than statements of fact and, therefore, do not require a response. To the extent a further
13 response is required, the County denies each and every allegation therein.
14 47. Answering the first section of Paragraph 47 regarding when demolitions may occur,
15 the County denies the allegations. Answering the second section of Paragraph, the County denies
16 the allegations.
17 Approval of the Project
18 48. Answering Paragraph 48, the County admits each and every allegation therein.
19 49. Answering the first and second sentences of Paragraph 49, the County admits each and
20 every allegation therein. Answering the last sentence of Paragraph 49, the County contends that the
21 public comments are in the record, speak for themselves, and are the best evidence of their contents.
22 The County further contends that the allegations and assumptions therein contain argument,
23 speculation, and conclusions of law, rather than statements of fact, and therefore, do not require a
24 response. To the extent a further response is required, the County denies each and every allegation
25 therein.
26 50. Answering the first sentence of Paragraph 50, the County admits each and every
27 allegation therein. Answering the remainder of Paragraph 50, the County contends that the
28 allegations and assumptions therein contain argument, speculation, and conclusions of law, rather
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
than statements of fact, and therefore, do not require a response. To the extent a further response is
required, the County denies each and every allegation therein.
S51. Answering Paragraph 51, the County contends that the allegations and assumptions
set forth therein contain argument, speculation, and conclusions of law, rather than statements of
fact and, therefore, do not require a response. To the extent a further response is required, the
County denies each and every allegation therein.
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52. Answering Paragraph 52, the Count contends that the letter submitted to the Board of
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Supervisors by the Auburn Recreation District speaks for itselfand isthe best record of its contents.
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The County further contends that the allegations and assumptions therein contain argument,
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10 speculation, and conclusions of law, rather than statements of fact, and therefore, do not require a
1] response. To the extent a further response is required, the County denies each and every allegation
12 therein.
13 53. Answering Paragraph 53, the County admits that it placed earthen fillmaterial into
14 the pool in June of 2016, and that in June of 2016, Kay Fegette contacted the County to inquire
15 about when the decision was made to place fillmaterial in the pool, and was told by the County that
16 the material was placed in the pool to minimize the public hazard until the future of the pool could
17 be determined. Answering the remaining allegations in Paragraph 53, the County contends that the
18 allegations and assumptions set forth therein contain argument, speculation, and conclusions of law,
19 rather than statements of fact and, therefore, do not require a response. To the extent a further
20 response is required, the County denies each and every allegation therein.
21 54. Answering Paragraph 54, the County admits each and every allegation therein.
22 55. Answering the firstand third sentence of Paragraph 55, the County admits each and
23 every allegation therein. Answering the second sentence of Paragraph 55, the County contends that
24 the public comments are in the record, speak for themselves, and are the best evidence of their
25 contents. To the extent a further response is required, the County admits that the DEIR was circulated
26 and that agencies, organizations, and individuals submitted comments on the DEIR.
27 56. Answering Paragraph 56, the County contends that the draft EIR isin the record,
28 speaks for itself, and isthe best evidence of its contents. The County further contends that the
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
allegations and assumptions therein contain argument, speculation, and conclusions of law, rather
than statements of fact, and therefore, do not require a response. To the extent a further response is
required, the County denies each and every allegation therein.
57. Answering Paragraph 57, the County contends that the allegations and assumptions
set forth therein contain argument, speculation, and conclusions of law, rather than statements of
fact and, therefore, do not require a response. To the extent a further response isrequired, the
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County denies each and every allegation therein.
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58. Answering Paragraph 58, the County contends that the allegations and assumptions
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set forth therein contain argument, speculation, and conclusions of law, rather than statements of
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10 fact and, therefore, do not require a response. To the extent a further response is required, the
11 County denies each and every allegation therein.
12 59. Answering the first sentence of Paragraph 59, the County admits the Planning
13 Commission held a public hearing on December 13, 2018 to receive comments. Answering the
14 remainder of Paragraph 59, the County contends that the allegations and assumptions set forth
15 therein contain argument, speculation, and conclusions of law, rather than statements of fact and,
16 therefore, do not require a response. To the extent a further response is required, the County denies
17 each and every allegation therein.
18 60. Answering Paragraph 60, the County admits each and every allegation therein.
19 61. Answering Paragraph 61, the County contends the Request for Qualifications speaks
20 for itself and is the best record of itscontents. The County further contends that the allegations and
21 assumptions therein contain argument, speculation, and conclusions of law, rather than statements
22 of fact, and therefore, do not require a response. To the extent a further response is required, the
23 County denies each and every allegation therein.
24 62. Answering Paragraph 62, the County contends that the allegations and assumptions
25 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
26 fact and, therefore, do not require a response. To the extent a further response is required, the
27 County denies each and every allegation therein.
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
63. Answering the first and third sentences of Paragraph 63, the County admits the
allegations. Answering the second sentence of Paragraph 63, the County contends that the public
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comments speak for themselves and are the best records of their contents.
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64. Answering Paragraph 64, the County lacks information and belief sufficient to
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answer, and on that basis denies each and every allegation therein.
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65. Answering Paragraph 65, the County admits each and every allegation therein.
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66. Answering Paragraph 66, the County lacks information and belief sufficient to
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answer, and on that basis denies each and every allegation therein.
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67. Answering Paragraph 67, the County admits each and every allegation therein.
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10 68. Answering Paragraph 68, the County contends that the transcript of the Board
1] hearing on April 23, 2019 speaks for itself,and is the best record of itscontents.
12 69. Answering Paragraph 69, the County contends that the transcript of the Board
13 hearing on April 23, 2019 speaks for itself,and is the best record of itscontents.
14 70. Answering the first sentence of Paragraph 70, the County contends that the transcript
15 of the Board hearing on April 23, 2019 speaks for itself,and is the best record of itscontents.
16 Answering the remainder of Paragraph 70, the County contends that the allegations and
17 assumptions set forth therein contain argument, speculation, and conclusions of law, rather than
18 statements of fact and, therefore, do not require a response. To the extent a further response is
19 required, the County denies each and every allegation therein.
20 71. Answering Paragraph 71, the County contends that the transcript of the Board
21 hearing on April 23, 2019 speaks for itself and isthe best record of its contents.
22 72. Answering Paragraph 72, the County admits each and every allegation therein.
23 73. Answering Paragraph 73, the County contends that the transcript of the Board
24 hearing on April 23, 2019 speaks for itself,and isthe best record of its contents.
25 74, Answering Paragraph 74, the County contends the Placer County newsletter speaks
26 for itself and is the best record of its contents. The County further contends that the allegations and
27 assumptions therein contain argument, speculation, and conclusions of law, rather than statements of
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1]
ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
fact, and therefore, do not require a response. To the extent a further response is required, the County
denies each and every allegation therein.
75. Answering Paragraph 75, the County contends that the allegations and assumptions
set forth therein contain argument, speculation, and conclusions of law, rather than statements of
fact and, therefore, do not require a response. To the extent a further response isrequired, the
County denies each and every allegation therein.
76. Answering Paragraph 76, the County admits each and every allegation therein.
EXHAUSTION OF ADMINISTRATIVE REMEDIES
AND INADEQUATE REMEDIES AT LAW
77. Answering Paragraph 77, the County lacks information and belief sufficient to answer,
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and on that basis denies each and every allegation therein.
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78. Answering Paragraph 78, the County denies each and every allegation therein.
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79. Answering Paragraph 79, the County lacks information and belief sufficient to answer,
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and on that basis denies each and every allegation therein.
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80. Answering Paragraph 80, the County, on information and belief, admits that itreceived
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a written notice of intent to commence the action. To the extent a further response is required, the
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County lacks information and belief sufficient to answer, and on that basis denies each and every
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allegation therein.
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81. Answering Paragraph $1, the County admits that Petitioner elected to prepare the
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administrative record.
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21 FIRST CAUSE OF ACTION
(ALLEGED VIOLATION OF CEQA)
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82. | The County incorporates all previous paragraphs as if fully set forth herein.
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[Alleged] Improper Rejection of Feasible Alternatives and Mitigation Measures
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83. Answering Paragraph 83, the County contends that CEQA speaks for itself and is the
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best record of itspurpose. To the extent a further response is required, the County contends that the
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allegations therein contain misstatements of the law, and on that basis denies each and every
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allegation therein.
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ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE
84. Answering Paragraph 84, the County contends that CEQA speaks for itself and isthe
best record of its purpose. To the extent a further response isrequired, the County contends that the
allegations therein contain misstatements of the law, and on that basis denies each and every
allegation therein.
85. Answering Paragraph 85, the County contends that the allegations and assumptions
set forth therein contain argument, speculation, and conclusions of law, rather than statements of
fact and, therefore, do not require a response. To the extent a further response is required, the
County denies each and every allegation therein.
86. Answering Paragraph 86, the County contends that the EIR for the project speaks for
10 itself and is the best record of its contents. The County also affirmatively asserts, on information
11 and belief, that itfully complied with CEQA and the CEQA Guidelines in approving the Project.
12 87. Answering Paragraph 87, the County contends that the allegations and assumptions
13 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
14 fact and, therefore, do not require a response. To the extent a further response is required, the
15 County denies each and every allegation therein.
16 88. Answering Paragraph 88, the County contends that the allegations and assumptions
17 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
18 fact and, therefore, do not require a response. To the extent a further response is required, the
19 County denies each and every allegation therein.
20 89. Answering Paragraph 89, the County contends that the allegations and assumptions
21 set forth therein contain argument, speculation, and conclusions of law, rather than statements of
22 fact and, therefore, do not require a response. To the extent a further response is required, the
23 County denies each and every allegation therein.
24 90. Answering Paragraph 90, the County co