San Joaquin Raptor Rescue Center v. County of Merced
The Merced County Board of Supervisors (the Board) held a public hearing on December 9, 2003, on whether to approve a project known as the Planada Community Plan (PCP) and whether to adopt a mitigated negative declaration for the project. At the conclusion of the hearing, the Board voted unanimously to approve the project and to adopt the mitigated negative declaration. No one at the hearing raised any objection that the mitigated negative declaration was insufficient or that an environmental impact report (EIR) was required for the project. Plaintiffs then filed a petition for writ of mandate in the superior court. The petition alleged that the County of Merced (County) erred in failing to require the preparation of an EIR for the project despite the existence of a “fair argument” based on substantial evidence in the record that the project may have a significant effect on the environment. The petition sought a writ of mandate directing the County to set aside its approval of the mitigated negative declaration for the project.
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