The Flanders Foundation v. City of Carmel-by-the-Sea, et al. Case Number H035818: City’s Petition for Rehearing Denied

ABSTRACT: Today, Tuesday, January 31, 2012, the Court of Appeals announced the appellate panel denied the City’s Petition for Rehearing (The Flanders Foundation v. City of Carmel-by-the-Sea, et al. Case Number H035818). With the opinion filed on January 4, 2012, the opinion will now become final on February 3, 2012. The Court’s Docket of relevant recent actions is reproduced. And the City of Carmel-by-the-Sea’s Petition for Rehearing (H035818) is embedded; essentially, the City argued, as follows: In the City’s STATEMENT OF FACTS AND ANALYSIS, the City argued that the “City Responded to Skip Lloyd’s Comment” and “Whether Explicitly or Implicitly, the City Addressed the Core Issue Raised by Skip Lloyd.” The City concluded that "Because the Court’s decision was based on an error of fact that was central to this Court’s opinion, the City of Carmel-by-the-Sea respectfully requests that this Court order a rehearing of this appeal.” Thus, the appellate panel did not agree with the City's arguments and denied the Petition for Rehearing.

6th Appellate District
Docket (Register of Actions)
The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Number H035818

01/04/2012 Opinion filed. (Signed Published) The trial court's judgment is hereby modified to delete the court's finding that the FEIR failed to adequately address the Surplus Land Act issue. As so modified, the judgment is affirmed. The parties shall bear their costs on appeal. (ndm, wcd (retired), bw (pro tem))

01/19/2012 Rehearing petition filed. Defendant and Appellant: City Council of the City of Carmel-by-the-Sea
Attorney: Jon R. Giffen

01/31/2012 Petition for rehearing denied. Appellants' petition for rehearing is denied. (ndm, wcd, retired, bw, pro tem)

CITY Petition for Rehearing 1-18-12 _H035818_

City of Carmel-by-the-Sea’s Petition for Rehearing (H035818)