TaxpayersAssn.MaderaCounty v. Madera Irrig. Dist.
A nonprofit corporation sued Madera Irrigation District (MID) for violating the California Environmental Quality Act (CEQA) in connection with MIDs approval of a water banking project and certification of the related environmental impact report (EIR). The superior court dismissed the CEQA petition on the ground that the nonprofit corporation, which was suspended during the public review period, failed to meet the standing requirements of section 21177, subdivision (b).
On appeal, the nonprofit corporation argues that an exception to the requirements of section 21177 applied because MID failed to give the notice required by law. ( 21177, subd. (e).) We conclude that the notice of availability of the draft EIR that was published in a newspaper on June 18, 2005, and stated that the public comment period ended on July 30, 2005, did not provide the public with the required 45 days notice. (Gilroy Citizens for Responsible Planning v. City of Gilroy (2006) 140 Cal.App.4th 911, 922-923 [Citys 42-day notice by publication did not comply with section 21091, subdivision (a)].) As a result, the nonprofit corporations CEQA petition should not have been dismissed for failure to comply with section 21177, subdivision (b). Therefore, the judgment will be reversed and the matter is remanded for further proceedings.
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