Lydia Aguayo Envt 4100 CEQA Case Law Assignment Tracy First v. City of Tracy, filed August 27 2009 1. Case and Decision: This case discusses a 95,000 square foot WinCo grocery store in the city of Tracy, CA. The EIR for the project examined two plots of land, the southern portion where WinCo wanted to build their store, as well as the Northern portion where no building plans were created, resulting in a vacant lot. After considering the amended EIR, the council for the city of Tracy certified it and approved the project without sending the EIR back to the planning commission for further consideration. The petitioner, Tracy First which is composed of business owners and merchants mainly from downtown Tracy filed a petition for writ of mandate in the trial court against the City challenging the certification of the EIR and their approval of the project. The court rejected this thought as well. The trial court denied the petition, and Tracy First appealed. WinCo cross appealed, stating that the trial court took advantage of its judgment by denying their motion for discovery concerning Tracy First's standing, additionally they abused its discretion by ruling that Tracy First has standing. WinCo wants to reverse the order denying it's discovery motion if Tracy First reverses the order denying the petition. The Third Appellate District affirmed a judgment. The court held that a city properly certified an amended environmental impact report (EIR) even though the city’s planning commission did not have the amendments before it when it recommended certification. 2. Do some additional research into the significance/legacy of the decision and summarize. This case is a good example that if you are going to petition a case (like Tracy ... ... middle of paper ... ...ate a sense of urgency to bring in businesses to Tracy to help stimulate the local economy. The court ruling was accurate and fair, however the amended EIR should have been sent back to the planning commission for review however it was not required. According to CEQA" guidelines and the city's municipal ordinances there was not requirement for the commission to review the amended EIR for any further recommendations, however it would have everyone happier they had. Works Cited Tracy First v. City of Tracy, Third Appellate District 914 Capitol Mall, 4th Floor Sacramento, CA 95814, Court of Appeal of California, Third Appellate District, ceres.ca.gov., Web, 19 Feb 2014. Stephens, Josh. "Court is Stoked on Storm Water Treatment Facility at Malibu Beach." CP & DR California Planning and Development Report. Legacy Park Official Website , 25 Jul 2011. Web. 19
City of Pinellas Park v. Brown was a case brought to the District Court of Appeal of Florida, Second District by the plaintiff Brown. In this case, the Brown family sued the City of Pinellas Sheriff Department on the grounds of negligence that resulted in the tragic death of two Brown sisters during a police pursuit of a fleeing traffic violator Mr. Deady. The facts in this case are straight forward, and I shall brief them as logical as possible.
II. Trial Court Ruling. The district court granted the defendant’s motion for summary judgment on the plaintiff’s sexual harassment claim. The plaintiff’s retaliation claim went to trial, but the court excluded evidence regarding the alleged sexual harassment. The court refused to grant the plaintiff a new trial. The appellate court affirmed the district court’s ruling.
The conceptual foundation of the U.S. Constitution is that there is a checks and balance system within the government that was developed to ultimately protect the rights of the people. In Pembaur v. City of Cincinnati (1986), there is an ongoing string of rulings from multiple appeals, for multiple rulings, that derived from a single case. What is interesting to note is that the original charge in the case is not the same charge for the most recent ruling. The actual case that is being heard in the Supreme Court is for civil damages. Although the law is being followed in allowing for the checks and balances to take place, the history of this case took place over a period of nine years from 1977-1986. One could question the efficiency of public administration in delivering a timely decision. As each case reached a ruling, another appeal needed to be submitted for the new justification of the ruling. Many different actions were submitted for review based on the different findings for each new ruling. A mentioned previously, this process was completed over a nine year period, and in accordance
Since the Council meeting on March 31, the issue has become both more contentious and complicated. The Council voted on September 1 to rescind their approval of the new zoning. However, the developer submitted their proposed plans for the site a day prior, which under a new state law, allows for the retail zoning to stand. The “time of application” l...
Although the state's actions did not correspond specifically with Randy Deshaney's abuse, Melody hopes to improve the court's decision making that has involved abuse. The Deshaney V Winnebago County Case has made a big impact on our society's conflict with the government and abuse.
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
"Summary of the Decision." Landmark Cases Of The U.S Supreme Court. Street Law, Inc, n.d. Web. 1 Nov. 2013. .
The second August 25 letter amounted to an unlawful amendment. The City relied on section 16b(b) of article 1269m, which provided that "[i]n a civil service hearing conducted under this subsection, the department head is restricted to his original written statement and charges which may not be amended." However, section 16c(a) included in pertinent part the following language, "in addition to other notice requirements prescribed by this Act. The language in this section not only points out that the Legislature intentionally imposed the notice requirements contained in section 16c on the City, but all of the notice requirements contained within the
The court findings have finally come to a conclusion, to confirm regard to defendants Alexander, McCarthy, Caruso, and Correctional Medical Services Inc. because the Plantiff has poorly provided evidence specifying suspicious indifference. However, the court overturned the district court’s granting of summary judgment to Heebsh and Pausits, two defendants who return to custody for further actions because of sufficient evidence of deliberate indifference to survive summary judgment.
In cases having to do with constitutionality, the issue of the separation of church and state arises with marked frequency. This battle, which has raged since the nation?s founding, touches the very heart of the United States public, and pits two of the country's most important influences of public opinion against one another. Although some material containing religious content has found its way into many of the nation's public schools, its inclusion stems from its contextual and historical importance, which is heavily supported by material evidence and documentation. It often results from a teacher?s own decision, rather than from a decision handed down from above by a higher power. The proposal of the Dover Area School District to include instruction of intelligent design in biology classes violates the United States Constitution by promoting an excessive religious presence in public schools.
4. The decision allowed the city council to postpone their vote for a week, and they suggested that the sites developer design a plan to save more of it’s trees.
The process of the judging on this criteria goes like this: First, a business or organization that loses an appeal in the Us court system, they are allowed to file a petition, called a “cert petition” (Savage 981). These petitions explain in thirty pages or less the process, views, and decision of the case. These are then given to the Law Clerks, who create a “cert memo”. This is created when the Clerk rea...
Sheppard v. Maxwell - 1966. (n.d.). Justia US Supreme Court Center. Retrieved April 7, 2014, from http://supreme.justia.com/cases/federal/us/384/333/
People v. Jones, 792 P. 2d 643 - Cal: Supreme Court 1990. Supreme Court of California. 28 June
Stewart, I., and Joines V. (1987) TA Today, Nottingham and Chapel Hill, North Carolina, Russell.