California Supreme Court Watch

May 17, 2023
Make UC A Good Neighbor v. Regents of University of California, S279242.

#23-93 Make UC A Good Neighbor v. Regents of University of California, S279242. (A165451; 88 Cal.App.5th 656, mod. 88 Cal.App.5th 1293a; Alameda County Superior Court; RG21110142.) Petition for review after the Court of Appeal reversed the judgment in a civil action. This case presents the following issues: (1) Does the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) require public agencies to consider as an environmental impact the increased social noise generated by student parties that a student housing project might bring to a community? (2) Under CEQA, when a lead agency has identified potential sites for future development and redevelopment in a programmatic planning document, is the agency required to revisit alternative locations for a proposed site-specific project within the program?

Petition for review granted: 5/17/2023

Case fully briefed: 8/24/2023

Supplemental briefing ordered: 9/13/2023

“The court directs the parties to serve and file supplemental briefs, each not to exceed 5,000 words, including footnotes, addressing the significance, if any, of Assembly Bill No. 1307 (2023-2024 Reg. Sess.) (Assembly Bill No. 1307) on the issues in this case. The court directs the Regents of the University of California (Regents) to serve and file an opening supplemental brief by September 20, 2023. The court directs Make UC A Good Neighbor and The People’s Park Historic District Advocacy Group to serve and file a responding brief by October 4, 2023. The Regents may serve and file a reply brief by October 9, 2023.”

See the Court of Appeal Opinion.

In the news:  Egelko, California Supreme Court will decide whether UC Berkeley can build housing at People’s Park, S.F. Chronicle (May 17, 2023).