Legal Opinion

Visalia Retail, LP v. City of Visalia

California Court of Appeal, 5th District

Decided January 4, 2018No. F074118PublishedCited by 7 opinions

1Opinion of the CourtPoochigian, Acting P.J.

*354*5This appeal involves a challenge to an update of the City of Visalia's (Visalia) general plan. Included in the update is a land use policy affecting areas designated "Neighborhood Commercial." Under the policy, no tenant in a Neighborhood Commercial area may be larger than 40,000 square feet in size.

Appellant claims Visalia violated the California Environmental Quality Act ( Pub. Resources Code, § 21000 et seq. ; "CEQA") by failing to analyze the potential for the land use policy to cause a phenomenon called urban decay. "CEQA does not define urban decay" but some have defined it as…

2Cases cited13 opinions

  1. Western States Petroleum Assn. v. Superior CourtCalifornia Supreme Court · 1995
  2. DeVita v. County of NapaCalifornia Supreme Court · 1995
  3. Laurel Heights Improvement Ass'n of San Francisco, Inc. v. Regents of University of CaliforniaCalifornia Supreme Court · 1993
  4. Bakersfield Citizens for Local Control v. City of BakersfieldCalifornia Court of Appeal · 2004
  5. California Building Industry Ass'n v. Bay Area Air Quality Management DistrictCalifornia Supreme Court · 2015

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3Cited by7 opinions

  1. Christopher R. Bonander v. Patrick CovelloDistrict Court, E.D. California · 2026
  2. Denham, LLC v. City of RichmondCalifornia Court of Appeal · 2019
  3. Make UC a Good Neighbor v. Regents of University of Cal.California Court of Appeal · 2023
  4. Make UC a Good Neighbor v. The Regents of the University of Cal.California Court of Appeal · 2023
  5. People v. Velazquez CA4/1California Court of Appeal · 2021

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