Thursday, March 31, 2011

HON. KAY T. KINGSLEY, Judge of the Superior Court: INTENDED DECISION Case No. M99437

ABSTRACT: Hon. Kay T. Kingsley, Judge of the Superior Court, Intended Decision, THE FLANDERS FOUNDATION, Petitioner, vs. CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Respondents, Case No. M99437, is uploaded and a synopsis is presented.


Flanders Superior Court Intended Decision M99437
HON. KAY T. KINGSLEY
Judge of the Superior Court
Intended Decision
Case No. M99437


SYNOPSIS:
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MONTEREY

THE FLANDERS FOUNDATION,
Petitioner,

CITY OF CARMEL-BY-THE-SEA and
CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA,
Respondents.

Intended Decision

Case No. M99437

The Court finds that the City did not comply with CEQA as a matter of law because the City failed to analyze the potential environmental impacts of selling or leasing the Mansion in compliance with the Surplus Lands Act, and in responding to comments. In all other respects, the Court finds that the City complied with CEQA.

Disposition
Flanders’ writ of mandate is granted as set forth above. The court directs the attorney for Flanders to prepare an appropriate judgment consistent with this ruling,

HON. KAY T. KINGSLEY
Judge of the Superior Court

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