Neighbors for Smart Rail v. Exposition Metro etc. 4/17/12 CA2/8

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State: California

Court: California Eastern District Court

Docket No: B232655

Case Date: 04/17/2012

Plaintiff: Neighbors for Smart Rail

Defendant: Exposition Metro etc. 4/17/12 CA2/8

Preview:Filed 4/17/2012

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

NEIGHBORS FOR SMART RAIL, Plaintiff and Appellant, v. EXPOSITION METRO LINE CONSTRUCTION AUTHORITY et al., Defendants and Respondents; LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY et al., Real Parties in Interest.

B232655 (Los Angeles County Super. Ct. No. BS 125233)

APPEAL from a judgment of the Superior Court for the County of Los Angeles. Thomas I. McKnew, Jr., Judge. Affirmed. Elkins Kalt Weintraub Reuben Gartside, John M. Bowman and C.J. Laffer for Plaintiff and Appellant.

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Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of parts 3 through 8 of the Discussion.

NOSSAMAN, Robert D. Thornton, John J. Flynn III, Robert C. Horton, Lauren C. Valk and Lloyd W. Pellman for Defendants and Respondents Exposition Metro Line Construction Authority and Exposition Metro Line Construction Authority Board. Andrea S. Ordin, County Counsel, and Ronald W. Stamm, Principal Deputy County Counsel, for Real Parties in Interest and Respondents Los Angeles County Metropolitan Transportation Authority and Los Angeles County Metropolitan Transportation Authority Board. Remy, Thomas, Moose and Manley, Tiffany K. Wright; Woodruff, Spradlin & Smart and Bradley R. Hogin for Southern California Association of Governments, Foothill/Eastern Transportation Corridor Agency, San Joaquin Hills Transportation Corridor Agency, Metropolitan Water District, San Joaquin Council of Governments, Madera County Transportation Commission, Riverside County Transportation Commission, Contra Costa Transportation Authority, Metro Gold Line Foothill Extension Construction Authority, Santa Clara Valley Transportation Authority, Orange County Transportation Authority, and San Francisco County Transportation Authority as Amici Curiae on behalf of Respondents and Real Parties in Interest. Cox, Castle & Nicholson, Michael H. Zischke, Andrew B. Sabey and Rachel R. Jones for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Respondents and Real Parties in Interest. Carmen A. Trutanich, City Attorney, Andrew J. Nocas, Supervising City Attorney, Timothy McWilliams and Siegmund Shyu, Deputy City Attorneys, for City of Los Angeles as Amicus Curiae on behalf of Respondents and Real Parties in Interest.

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SUMMARY This appeal arises under the California Environmental Quality Act (CEQA; Pub. Resources Code,

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