NEILSON v.CITY OF CALIFORNIACITY

Filed 1/9/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

            APPEAL from a judgment of the Superior Court of Kern County.  John  I. Kelly, Judge.

            Kane, Ballmer & Berkman, Murray  O. Kane, June Ailin and Donald  P. Johnson for Plaintiffs and Appellants.

            Motschiedler, Michaelides & Wishon and C.  William Brewer for Won Gin Ng and Rose Ng as Amici Curiae on behalf of Plaintiffs and Appellants.

            Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, J.  Matthew Rodriguez, Assistant Attorney General, and Daniel  L. Siegel, Deputy Attorney General for Bill Lockyer, Attorney General of the State of California as Amicus Curiae on behalf of Plaintiffs and Appellants.

            Bernard  C. Barmann, Sr., County Counsel (Kern), and Stephen  D. Schuett, Assistant County Counsel, for County of Kern as Amicus Curiae on behalf of Plaintiffs and Appellants.

            Price, Postel & Parma, Todd  A. Amspoker, Mark  S. Manion; Kuhs & Parker, Robert  G. Kuhs; and R.  Bruce Tepper for Defendants and Respondents.

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            Appellants challenged the validity of redevelopment plan amendments adopted by respondents City of California City (City) and City of California City Redevelopment Agency (Redevelopment Agency) that resulted in the building of an automobile test track facility on desert land.  Appellants claim Redevelopment Agency erroneously determined that the 24.4 square miles of vacant land added to the redevelopment area was urbanized and blighted within the meaning of California's Community Redevelopment Law (CRL) (Health & Saf. Code, §  33000 et seq.).^[1]  As a result, appellants contend, the land was improperly included in the redevelopment area.

            Redevelopment Agency found the land was urbanized and blighted based on â€