Case Law Update
At the end of May, the California Court of Appeal recently held that the Brown Act – which requires local legislative bodies to post agendas prior to regular meetings, and stick to the topics listed – mandates that discussion of a CEQA document must be expressly included on the agenda.
In this particular case, a planning commission agenda item to consider a subdivision application failed to mention consideration of adopting that subdivision’s environmental document as well. In ruling in San Joaquin Raptor Rescue Center v. County of Merced, this action was determined to be in violation of the Brown Act. In its ruling, the court stressed the importance of public involvement in environmental review.
More information on the ruling can be found here:
http://www.rmmenvirolaw.com/2013/06/fifth-district-court-of-appeal-finds-violation-of-brown-act/