Court Rules Environmental Review Required for Adoption of Airport Land Use Compatibility Plan.

Chevalier, Allen & Lichman, LLP, won a decisive victory when Hon. Michael E. Kaiser of the Riverside County Superior Court ruled that adoption of the French Valley Airport Land Use Compatibility Plan (“ALUCP”) without conducting environmental review violated the California Environmental Quality Act (“CEQA”). Chevalier, Allen & Lichman, LLP, represented developer Silverhawk Land & Acquisitions, LLC, petitioner in Silverhawk Land & Acquisitions, LLC v. Riverside County Airport Land Use Commission, et al, Riverside County Superior Court No. RIC 431176. Judge Kaiser found that the ALUCP was a “project” requiring CEQA review and that the Riverside County Airport Land Use Commission (“ALUC”) failed to proceed in a manner required by law by issuing a Notice of Exemption (“NOE”) from CEQA review when it adopted the ALUCP. Implementation of the ALUCP was stayed and suspended pending compliance by the ALUC with CEQA and the CEQA Guidelines.