APPELLANTS' OPENING BRIEF: Court of Appeal No. H035818

ABSTRACT: APPELLANTS' OPENING BRIEF, THE FLANDERS FOUNDATION, Plaintiff and Respondent vs. CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Defendants and Appellants, Court of Appeal No. H035818, is uploaded and a synopsis is presented. The respondent’s brief and appellant’s reply brief will follow and be presented when available.


Appellants Opening Brief H035818
APPELLANTS’ OPENING BRIEF
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
Court of Appeal No. H035818

SYNOPSIS:
APPELLANTS’ OPENING BRIEF

THE FLANDERS FOUNDATION, Plaintiff and Respondent

vs.

CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Defendants and Appellants

Court of Appeal No. H035818
Monterey County Superior Court No. M99437

Appellants’ Legal Argument includes Points I, II and III, as follows:
Point I: The 2009 EIR’s Analysis of Surplus Land Act is Sufficient
Point II: The City’s Response to Comments Is Adequate
Point III: The Judgment Must Be Amended To Be In Conformity with the Statement of Intended Decision.

The CONCLUSION states as follows: “The City Appellant’s actions were correct and in full compliance with the law. The Appellants therefore respectfully request that the appeal be granted, the judgment of the trial court and the writ of mandate overturned, and the City’s certification of the 2009 EIR and all of its approvals and actions relating to the proposed sale of the Flanders Mansion reinstated."

Dated January 12, 2011

KENNEDY, ARCHER & HARRAY

By: Jon R. Giffen

Attorneys for Appellants
CITY OF CARMEL-BY-THE-SEA