Legal Opinion

Save Our Bay, Inc. v. San Diego Unified Port District

California Court of Appeal

Decided February 9, 1996No. D023148PublishedCited by 25 opinions

1Opinion of the Court

Opinion

NARES, J.

In a mandate proceeding challenging the adequacy of an environmental impact report (EIR) for a project (see Pub. Resources Code, § 21168; Code Civ. Proc., 1 § 1094.5), is the landowner whose land must be acquired to complete the project an indispensable party where the only other parties are (1) the third party petitioner, the lead agency respondent which certified the adequacy of the EIR, and (2) the named real party in interest, the city in which the project is located?

On the bases the landowner was an indispensable party and the limitations period for bringing the landowner…

2Cases cited12 opinions

  1. Bank of California v. Superior CourtCalifornia Supreme Court · 1940
  2. Hartman Ranch Co. v. Associated Oil Co.California Supreme Court · 1937
  3. Citizens Ass'n for Sensible Development of Bishop Area v. County of InyoCalifornia Court of Appeal · 1985
  4. Greif v. DulleaCalifornia Court of Appeal · 1944
  5. Sierra Club, Inc. v. California Coastal CommissionCalifornia Court of Appeal · 1979

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Planning and Conservation League v. Department of Water ResourcesCalifornia Court of Appeal · 2000
  2. County of Imperial v. Superior CourtCalifornia Court of Appeal · 2007
  3. City of Cerritos v. State of CaliforniaCalifornia Court of Appeal · 2015
  4. County of San Joaquin v. State Water Res. Control Bd.California Court of Appeal · 1997
  5. Bradley v. CAL. DEPT. OF CORRECTIONS AND REHABILITATIONCalifornia Court of Appeal · 2008

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