Court Minutes: Town Center/Miguel's Case

MOTION RE:
JUDGMENT ON THE PLEADINGS FILED BY RESPONDENT CITY OF GRAND TERRACE,
GRAND TERRACE REDEVELOPMENT AGENCY
02/21/2007 - 8:30 AM DEPT. S8
JUDGE: JOHN P. WADE
CLERK: OLIVIA MCDONALD
REPORTER: BETTY KELLEY
COURT ATTENDANT LARRY RUSSELL
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APPEARANCES:
ATTORNEY VEERA TYAGI PRESENT FOR PLAINTIFF/PETITIONER.
ATTORNEY JOHN HARPER PRESENT FOR DEFENDANT/RESPONDENT.
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PROCEEDINGS:
CITY OF GRAND TERRACE, GRAND TERRACE REDEVELOPMENT AGENCY'S MOTION TO JUDGMENT ON THE PLEADINGS IS HEARD.
ARGUED BY COUNSEL AND SUBMITTED.

COURT FINDS:

CITY OF GRAND TERRACE, GRAND TERRACE REDEVELOPMENT AGENCY'S MOTION JUDGMENT ON THE PLEADINGS IS GRANTED.

THE MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED AS TO THE FIRST CAUSE OF ACTION, WITHOUT ; LEAVE TO AMEND.
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THE MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED AS TO THE SECOND AND THIRD CAUSE OF WITH 30 DAYS LEAVE TO AMEND REGARDING THE EXHAUSTION OF ADMINISTRATIVE REMEDIES ISSUE.
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THE COURT TAKES JUDICIAL NOTICE OF THE ORDINANCE APPROVING THE BARTON ROAD SPECIFIC PLAN IN JANUARY 1990 AND ORDINANCE APPROVING AMENDMENTS TO BARTON ROAD SPECIFIC PLAN IN DECEMBER 2003.

BOTH OF THESE ORDINANCES INCORPORATE NEGATIVE DECLARATIONS, NOT MITIGATED NEGATIVE DECLARATIONS, AND NEITHER ORDINANCE INDICATES THAT AN EIR WAS ADOPTED.

FURTHER FINDINGS STATED ON THE RECORD.
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