RULING ON RESPONDENTS’ MOTION TO DISMISS FOR FAILURE TO COMPLY WITH PUBLIC RESOURCES CODE SECTION 21167.4 AND GOVERNMENT CODE SECTION 65753 Petitioners seek an injunction or administrative stay on respondents’ decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners’ failure to request a hearing within 90 days of the filing of the petition pursuant to Public resources Code Section 21167.4. Petitioners oppose, contending the 90 days was triggered by the filing of the operative petition, i.e., the first amended petition filed on 4/26/18 or, alternatively, seek relief for attorney mistake pursuant to Code of Civil procedure Section 473.
While Public Resources Code § 21167.4(a)’s dismissal provision is phrased in mandatory terms, the Court finds this does not preclude equitable findings. Here, respondent prepared a stipulations extending their time to ce
Hearing Date
July 06, 2018
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RULING ON RESPONDENTS’ MOTION TO DISMISS FOR FAILURE TO COMPLY WITH PUBLIC RESOURCES CODE SECTION 21167.4 AND GOVERNMENT CODE SECTION 65753 Petitioners seek an injunction or administrative stay on respondents’ decision to ban cannabis cultivation in Calaveras County alleging failures to conform to provisions of CEQA. Respondents seek to have the CEQA portions of the petition dismissed for petitioners’ failure to request a hearing within 90 days of the filing of the petition pursuant to Public resources Code Section 21167.4. Petitioners oppose, contending the 90 days was triggered by the filing of the operative petition, i.e., the first amended petition filed on 4/26/18 or, alternatively, seek relief for attorney mistake pursuant to Code of Civil procedure Section 473.
While Public Resources Code § 21167.4(a)’s dismissal provision is phrased in mandatory terms, the Court finds this does not preclude equitable findings. Here, respondent prepared a stipulations extending their time to ce