Creed-21 v. City of Upland, et al., San Bernardino County Superior Court Case No. CIV RS 1207646
Jones & Mayer successfully challenged an action against the City of Upland relating to its approval of tenant improvement plans for a neighborhood Wal-Mart, which involved small modifications to an existing shopping center and was found to be exempt from review under the California Environmental Quality Act (CEQA).
Citizens for Responsible Equitable Environmental Development (Creed-21) is a non-profit organization represented by attorney Cory Briggs, who is known for challenging projects under CEQA, particularly Wal-Mart projects throughout the State. The action was brought long after the project was approved, so that it was barred by the statute of limitations, as well as suffering from other procedural shortcomings, which Jones & Mayer successfully pointed out to the Court by demurrer.
The action was swiftly brought to a successful close in favor of the City. In addition, the plaintiffs abandoned claims under the City’s Municipal Code which were shown in the demurrer to be unmeritorious relating to the voting procedures for the plan approval.