Ogden Environmental Services v. City of San Diego

AMENDED MEMORANDUM DECISION AND ORDER

KEEP, District Judge.

This action arises out of the City of San Diego’s (“City”) denial of a conditional use permit to plaintiff Ogden Environmental Services (“Ogden”). In this motion, plaintiff moves for summary judgment on most of the causes of action in its complaint. This order addresses plaintiff’s first cause of action for federal preemption, its fifth cause of action for violation of the California Environmental Quality Act and its twelfth cause of action for declaratory relief. Because a ruling on plaintiff’s remaining causes of action would not…