New case today regarding agendizing of CEQA exemptions. Prior to this case it was just considered a best practice to agendize exemption determinations in order to get the benefit of the doctrine of exhaustion of administrative remedies. This new case pushes the issue towards being a mandatory duty under the Brown Act.
Government Law
The Ralph M. Brown Act required that a local agency’s finding that a project is exempt from the California Environmental Quality Act be listed on the agency’s agenda for its public meeting.
G.I. Industries v. City of Thousand Oaks (Arakelian Enterprises) – filed Oct. 26, 2022, Second District, Div. Six
Cite as 2022 S.O.S. 5482
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