The Sunnyvale West v City of Sunnyvale Council Appellate CEQA win is causing an immediate impact and rippling effect throughout the state of California courtrooms. In Southern California, for example, attorneys for both sides are using the Sunnyvale decision as arguments for the Expo Line Phase 2 lawsuit.
Published Dec 22, 2010 “The Sunnyvale Decision” and Phase II of Expo: Game Changer or Footnote? Damien Newton writes “After NFSR lawyer John Bowman introduced case-law that was decided five days ago, Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council, things changed. In Sunnyvale, a state superior court ruled that the city’s environmental review of a road extension violated state law because it based it’s review on traffic projections for 2020 instead of current conditions. The mitigation plan for Expo are based on traffic projections for 2030.” Continue reading