Chamberlin v. City of Berkeley
Raymond A. Chamberlin (Chamberlin) appeals from an order and judgment denying in part and granting in part his petition for a writ of mandate, challenging the decisions of the City of Albany (Albany) and the City of Berkeley (Berkeley) to adopt negative declarations and approve the reconfiguration of portions of Marin Avenue within each citys jurisdiction.
Court affirm in part and reverse in part. With respect to Albany, Court affirm because the petition was not timely filed. With respect to Berkeley, on Chamberlins appeal, Court hold the court did not err by denying Chamberlins request for an order directing Berkeley to prepare an EIR. Based upon Chamberlins concession with respect to Berkeleys cross appeal, Court reverse the judgment to the extent that the court directed Berkeley to perform additional environmental review of the issue of traffic diversion.
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