Page 12 - gateking051309

cumulative development in the [area].” The report went into detail in explaining its

conclusions.

In July 2006, the City certified a final additional analysis (FAA) for the EIR for

Gate King’s proposed project. In August 2006, the City filed a return in the trial court,
including requests to discharge the peremptory writ of mandate which had been issued in

accord with California Oak, and to dismiss SCOPE’s petition. In October 2006, SCOPE

filed an objection to the City’s return to the peremptory writ of mandate.

In June 2007, the adequacy of the City’s EIR/FAA was argued to the trial court.

On August 15, 2007, the trial court entered a statement of decision setting forth its ruling
that the City’s EIR/FAA was adequate. On September 5, 2007, the trial court entered

judgment accepting the City’s return to the court’s peremptory writ of mandate, and

discharging its preemptory writ of mandate.

In November 2007, SCOPE filed a timely notice of appeal. (case No. B203782.)

B. California Water Impact Network v. Newhall County Water District
In July 2005, about three months before we issued our opinion in California Oak,

NCWD approved a water supply assessment (WSA) in connection with an application by

Gate King to have the site of its proposed industrial park project annexed into NCWD’s

service territory. In August 2005, the California Water Impact Network (CWIN) filed a

petition for writ of mandate, coupled with a complaint for declaratory and injunctive
relief, challenging NCWD’s WSA for purposes of annexation, and seeking to enjoin

NCWD from proceeding with the annexation of the site of Gate King’s proposed

industrial park. (L.A. Super. Ct. No. BS098727.)

In November 2005, we issued our decision in California Oak. As noted above, we

directed the trial court to issue a writ of mandate compelling the City to decertify its EIR
for Gate King’s proposed project on the ground that the EIR’s discussion of the subject of

water supplies was inadequate, and compelling the City to recertify an EIR after it had

complied with CEQA.

12