The motion of Real Party in Interest The NRF Project Owner, LLC to dismiss petition is denied. Government Code § 66499.37 does not apply to the claims made in the petition. The question here is whether the gravamen of the petition is an attack on a subdivision-related decision under the SMA. Aiuto v. City and County of San Francisco (2011) 201 Cal.App.4th 1347, citing Hensler v. City of Glendale (1994) 8 Cal.4th 1.
Here, unlike Friends of Riverside's Hills v. City of Riverside (2008) 168 Cal.App.4th 743 and Torrey Hills Community Coalition v. City of San Diego (2010) 186 Cal.App.4th 429, no causes of action have been brought under the Subdivision Map Act ["SMA"]. Also, unlike Friends, the petition is not alleging that the City violated CEQA by failing to properly enforce conditions of approval imposed on a specific plan. The court in Friends stated: "[T]he CEQA cause of action was merely another vehicle for challenging the City's failure to require the applicant to implement open sp
Hearing Date
August 27, 2020
Category
Civil - Unlimited
Type
Toxic Tort/Environmental
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The motion of Real Party in Interest The NRF Project Owner, LLC to dismiss petition is denied. Government Code § 66499.37 does not apply to the claims made in the petition. The question here is whether the gravamen of the petition is an attack on a subdivision-related decision under the SMA. Aiuto v. City and County of San Francisco (2011) 201 Cal.App.4th 1347, citing Hensler v. City of Glendale (1994) 8 Cal.4th 1.
Here, unlike Friends of Riverside's Hills v. City of Riverside (2008) 168 Cal.App.4th 743 and Torrey Hills Community Coalition v. City of San Diego (2010) 186 Cal.App.4th 429, no causes of action have been brought under the Subdivision Map Act ["SMA"]. Also, unlike Friends, the petition is not alleging that the City violated CEQA by failing to properly enforce conditions of approval imposed on a specific plan. The court in Friends stated: "[T]he CEQA cause of action was merely another vehicle for challenging the City's failure to require the applicant to implement open sp