Dec 13, 2010 Administrative Law
Court of Appeal ruling revives senior center project in Huntington Beach

Parks Legal Defense Fund v. City of Huntington Beach (2010) 2010 Cal.App.Unpub. LEXIS 9862 (California Court of Appeal, Fourth Appellate District, Division Three) [unpublished]. The City of Huntington Beach, GMSR’s client, planned to construct a state-of-the-art senior center in one of its parks. The trial court halted the project. Among other things, it found that the funding mechanism for the center was an illegal use of fees assessed against a local developer pursuant to Government Code, section 66477. While not reaching the merits of that ruling, the Court of Appeal reversed, finding the claim challenging the funding mechanism was time-barred. The Court of Appeal also upheld the election by which voters had approved building the senior center in the park; the challenge to the election as a violation of the California Environmental Quality Act was time-barred. However, the Court ruled that the City must supplement its environmental impact report and also amend its general plan to change the land use designation of the site.