Appellate Court Update for June 2023

Statute of Fr. Junipero Serra found not to be a landmark

The City of Buenaventura removed a statute of Fr. Junipero Serra as it was offensive to many members of the community. A coalition challenged the City’s removal of the statue, contending it was a landmark and its removal therefore required review under the California Environmental Quality Act (“CEQA”). The trial court held, and the Court of Appeal agreed, that the statute did not meet the requirement that an item be in place for 40 years before it can be considered a landmark.

Tree inventory not required by CEQA

University of California Regents prepared and approved a plan for vegetation removal for fire safety at UC’s Hill campus. The Court of Appeal held that the EIR contained sufficient detail to enable the public to understand the environmental impacts associated with the plan. The evidence amply supports the conclusion that it was not reasonably feasible to prepare a tree inventory in connection with the EIR.

Claremont Canyon Conservancy v. Regents of the University of California

Case no: A165012 (First Appellate District)

June 9, 2023

Coalition for Historical Integrity v. City of San Buenaventura

Case no: B319536 (Second Appellate District)

June 8, 2023