Roundabout Lawsuit (File 4) - Notice of Judgment
Roundabout Lawsuit (File 4) - Notice of Judgment
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Rachel Mansfield-HowlettiSBN 248 809 PROVENCHER & FLATT, LLP 823 Sonoma Avenue Santa Rosa, CA 95404 PH 7 0l .284.2380 FAX: 1 0l .284.2387
RECEIVED
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CITY OF PLACERVILLE, et al.,
The Honorable Nelson K. Brooks Real Parly in Interest.
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file the Motion for Attorneys' fees within 60 days of the filed date stamp that is entered on this Notice
of Entry of Judgment.
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d-Howlett/SBN 248809 PROVENCI{ER & FLATT, LLF 823 Sonoma Avenue Santa Rosa, CA 95404 1 07 .284.2380, fax 1 07 .284.2381
Rachel Mansfi
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Case
No. PC-20110145
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CITY OF PLACERVILLE et- al,
Respondents;
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CaseNo. PC-20110145
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The Courthaving reviewed the record of proceedings in this matter, the briefs subndtted by counsel, and the arguments of counsel ruled in favor of granting the
Petition. On Febru ary L4,2012 the Court issued an Ord,er GrantingPetition for Writ of Mandate. The Ord.er is attached, and incorporated by reference as Exhibit A' The
Proposed Writ is attached as Exhibit
B.
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Street/Cedar Ravine Realignment arid, Clay Street Bridge at Hangtown Creek Replacement Project (hereafter, "Proiec{'), the approval of the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program- Respondents shall refuain from further approval of the Project urrless and until Respondents prepare an adequate Environmental Impact Report (EIR) that complies with the laws of CEQA and this Judgment. Violations of CEQA"
The City abused its discretion and failed to proceed in the manner required by law when it approved the project and adopied a mitigated negative declaration
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which did not consider fair argument that the Court found could be rnade regarding certain potential impacts of the proposed project' These potential
irnpacts include:
Judgment Grantlng PeremptoryWrit of Mandate Case No. PC-20110145
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v. Culrural Resource knPacts vi. Toxic Impacts vii. Aesthetic Impacts viii. Growth Inducing Impacts; and
ix. lnconsistency with Area P1ans and Policies
(Order at 6.)
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or consideration of approvals related to the Project that could resu-lt in any change or alteration to the physical environment until Respondent has prepared
an adequate Environmental Impact Report in compliance with CEQA and this
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Court's Judgment.
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sha-ll be
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45 days
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after the writ is issued, reporting compliance with Paragraph 2, herein' Should Respondent, City of Placerville choose to further consider approval of the
Ro-un,iabout Project, Responderri
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file
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Retention of
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to the this Court retains jurisdiction over this matter by way of a Return peremptory writ of Mandate and any objections to the Retum. The Court aI jurisdiction over the issue of Petitioners' claim of entitlement to
resewes
CoCe of Civil award of private attorney general fees and costs pursuant to procedure section 1021.5. Any motion for said- fees and costs shall be filed and of this served within 60 days of Petitioner's filing of the Notice of Entry
Judgment.
to proof' Costs. Statutory Costs shall be awarded to Petitioner according in a particular Norhing in this Judgment directs the City to exercise its discretion
*ay
oRDER
Good cause appearing, IT IS
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be entered'
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NEE S0hi KE{TFT tsR.SOE{S Honorable Nelson K' Brooks tudge of the suPerior Court
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cut" No. PC-201]0i45
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Rachel Mansfi eld-Howlett/SBN 24 I 809 PROVENCHER & FLATT, LLP 823 Sonoma Avenue Santa Rosa, CA 95404 7 A1 .284.2380, fax'7 01 -284.2387 Rhowl ettlaw@gmail-com
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Case
No. PC-20110145
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WRIT
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CITY OF PLACERVILLE
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et al-,
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TOT'}IECITY0FFI-ACERVILLEANDITSCOUNCIL:
this action ordering that a Peremptory Writ of Judgment having been entered in Mandate issue frone this Court:
YOTJ ARE HETdEBY COMMANDED:
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at Hangtown Creek Street/Cedar Ravine Realignment and Clay Street Bridge the Mitigated Negative Repiacement Project (here#te r, "Proiec{'), including 45 days of service of this Declaration, and Mitigation Monitoring Pian, within
Writ.
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2.
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approvals related to the Tosuspend an\r and all activities or consideration of to the physical environment Project that could. resu-lt in any change or alteration lmpact Report in until Respondent has prepared an adequate Envirorr-mental compliance with CEQA and this Court's Judgment' the 3. To make and file a return to this writ not later than 45 days after
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should
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approval of the Respondents, City of Placerville choose to further consider the Court and reporting Project, tr{espond.ents shall file a return updating a hearing date *rat is compliance with Paragraph 2, herein, and requesting
convenient to the Court and counsel' of the Public Resources Cod-+ dris Cor-irt .v^f-rit a Reirrrn io this Peremptorlrof way by rnatber this ovel jurisdiction retains of Attomeys' Fees and of Mandate, any Objections to the Returry and the issue
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under section
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Costs.
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or control legally Nothing in this writ shall be construed. to linrit the discretion vested jn the CitY of Placerville'
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DATEDI
March
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Clerk
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CaseNo. PC-20i10145
Friends of Historic Hnngtown a' City of-Placetaille El Dorado County SuperioiCourt, Case No. PC-20110145 PITOOF OF SERVICE BY
I am a citizen of the United States and a resident of the County of Sonoma. I am over the age of eighteen years and not a pafiy to the within entitled action; my business address 823 Sonoma Ave, CA95404'
On November 5,2012I served one true copy of the following documents and will personally serve the parties in the time frame allowed by statute: NOTICE OF ENTRY OF JUDGMENT
by placing
true copy thereof enclosed in a sealed envelope and postage thereon fully prepaid, in the United States mail at Santa Rosa, addressed as follows: joHi\r DRISCOLL, ESQ. SABruNA V. TELLER, ESQ. CITY OF PLACERVILLE JENNIFER HOMAN, ESQ. 3i 0 Center Street Remy, Moose, ManieY, LLP Placerville, CA 95667 455 Capitol Mall, Ste.210 Sacramento, CA 9581'4
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I declare under penalty of perjury, that the foregoing is true and correct' Executed on Nlovember 5,2072, at Santa Rosa California.
z.artrt Bateman