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Edward J. Smith v. City of Victorville et al.

San Bernardino County Superior Court

Abstract: The City of Victorville approved a development application for a 365,000-square-foot Wal-Mart facility and ancillary improvements without first preparing an environmental impact report under the California Environmental Quality Act, relying instead on a negative declaration (i.e., a declaration that there will be no adverse impacts). Ed Smith notified the City that he wanted to receive notice of any negative declarations prepared by the City. However, the City never notified Mr. Smith about the negative declaration for the Wal-Mart facility.

Start Date: October 6, 2004

Status: The case has been settled. The City has rescinded its approval of the Wal-Mart based on the negative declaration. If the Wal-Mart is proposed again, it will have to be accompanied by an environmental impact report.

Filings:

• Petition for Writ of Mandate
• Real Parties' Opening Brief: Demurrer to First Amended Complaint
• Petitioner's Opposition Brief: Demurrer to First Amended Petition
• Real Parties' Reply Brief: Demurrer to First Amended Complaint

Court Rulings:

• Decision Overruling Demurrer to First Amended Petition, March 23, 2005

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Last update: 21 January 2008

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