VICTORY for "the preservation for parkland, for historic resources and for the whole movement of preservation" (Melanie Billig, Flanders Foundation)

National Register of Historic Places Flanders Mansion
View of Front Door
Mission Trail Nature Preserve
Carmel-by-the-Sea, CA.

GNM76728: Flanders Foundation vs. City of Carmel By the Sea, et al

Writ of Mandate Hearing: Thursday, 1/11/2007, 9:00 A.M., Courtroom 14

Judge: Honorable Robert O’Farrell

Today, Wednesday, 28 February 2007, The Monterey County Herald reported that Judge Robert O’Farrell found that “selling the property would be a violation of the California Environmental Quality Act, as well as state law and Carmel’s own municipal code.”

Additionally, today, the City Council plans to meet in closed session to “discuss the property’s future.”
(Source: FLANDERS OFF THE MARKET Judge rules city must keep, maintain historic mansion
By LAITH AGHA
Herald Staff Writer, http://www.montereyherald.com/mld/montereyherald/news/16800825.htm)
Click on post title above for article.

To review, Judge Robert O’Farrell found in favor of the Flanders Foundation on all of the following three causes of action.

FIRST CAUSE OF ACTION
VIOLATION OF CEQA

a.) City unlawfully approved a project with significant environmental impacts; alternatives and mitigation measures, not adopted.
b.) City unlawfully adopted statement of overriding considerations unsupported by substantial evidence.
c.) EIR, inadequate, incomplete; defers analysis of environmental impacts and development, implementation of mitigation measures and General Plan, Zoning Code, inadequate analysis.
d.) EIR failed to respond to comments adequately.
e.) City failed to make Findings supported by substantial evidence as to feasibility of project alternatives and mitigation measures.
f.) EIR failed in including adequate mitigation measures and monitoring plan, including preservation plan and improperly deferred mitigation assessment.

SECOND CAUSE OF ACTION
VIOLATION OF CALIFORNIA GOVERNMENT CODES

a.) City failed to comply with Gov. Code Sections 38440-38462, procedures for sale of parkland, including a City Council resolution justifying the proposed discontinuance of park use, a public hearing to consider protests, a vote to sustain or overrule protests and the scheduling of a special election if the City Council votes to overrule the protests.
b.) Government Code Section 54222
As parkland, "surplus" land to private party, requires City to offer for sale to other parties ex. Park District, etc.
c.) Government Code Section 65000
Inconsistent with the General Plan; reasons cited include decrease open space in public domain, eliminate areas of aesthetic quality from public domain, could degrade passive recreational environment of Mission Trails Nature Preserve and Rowntree Arboretum.

THIRD CAUSE OF ACTION
VIOLATION OF CARMEL MUNICIPAL CODE

City failed to enforce Title 17.32.210 of the Carmel Municipal Code regarding maintenance and upkeep of historic resource.

Petitioner prays:
1.) Court issues a peremptory writ of mandate to Carmel-by-the-Sea to set aside and void all approvals of sale "pending full compliance" with CEQA, Government Code, LCP, City ordinance.
2.) Petitioners costs and fees.
3.) Other and future relief, court finds proper.