County prevails again in COLAB smart growth suit
November 1, 2012
A state appellate court upheld an earlier ruling Tuesday that San Luis Obispo County did not need to prepare an environmental impact report when adopting its smart-growth policies. [SLO Tribune]
The 2nd District Court of Appeals ruled against the Coalition of Labor, Agriculture and Business, which had claimed the smart-growth policies, adopted in 2005 and later revised, called for environmental review under the California Environmental Quality Act.
Associate Justice Judge Kenneth R. Yegan, Presiding Judge Arthur Gilbert and Associate Justice Steven Z. Perren upheld the previous ruling by San Luis Obispo Superior Court Judge Martin Tangeman, saying that COLAB failed to prove the need for environmental review.
“COLAB does not reference any evidence… supporting its position,” the appellate court justices wrote.
The justices also said that COLAB misrepresented “both the content and potential effect” of the smart-growth policies. The appellate court also agreed with the superior court ruling that COLAB had criticized the policies based on ideology.
COLAB Governmental Affairs Director Mike Brown disputed the argument that the suit was ideological. Brown, who said the decision disappointed him, told the Tribune that COLAB does not plan to further appeal the decision.