Firm News | 03/31/2023
BBK Successfully Defends City of Arcadia
CEQA Team Defines Exhaustion of Administrative Efforts
Best Best & Krieger Partner Alisha Winterswyk and Of Counsel Amanda Daams successfully defended the City of Arcadia in a lawsuit brought by the Arcadians for Environmental Preservation (AEP) against the city over a single-family home addition. The favorable ruling makes clear that general references to potential environmental impacts are not enough for exhaustion of administrative remedies.
After the Arcadia City Council approved an application to expand a single-family home, AEP challenged the decision, alleging the city failed to comply with the requirements of the California Environmental Quality Act (CEQA) and the council should have denied the project. The superior court, and ultimately the court of appeal, denied the petition and ruled that AEP had failed to exhaust its administrative remedies, a jurisdictional prerequisite under CEQA.
“This is a fantastic win for the city and for CEQA law, generally, because it further clarifies exhaustion of administrative remedies issues,” said Winterswyk, who led the CEQA team.
The case is Arcadians for Environmental Preservation v. City Council of the City of Arcadia, and the published opinion can be viewed here.
After the Arcadia City Council approved an application to expand a single-family home, AEP challenged the decision, alleging the city failed to comply with the requirements of the California Environmental Quality Act (CEQA) and the council should have denied the project. The superior court, and ultimately the court of appeal, denied the petition and ruled that AEP had failed to exhaust its administrative remedies, a jurisdictional prerequisite under CEQA.
“This is a fantastic win for the city and for CEQA law, generally, because it further clarifies exhaustion of administrative remedies issues,” said Winterswyk, who led the CEQA team.
The case is Arcadians for Environmental Preservation v. City Council of the City of Arcadia, and the published opinion can be viewed here.
