Denial of plaintiff's petition for writ of mandate seeking to vacate the approval of Measure A, which imposes a retail sales and use tax to fund transportation projects in the county, is affirmed as a prior CEQA environmental review was not required as Measure A falls within the funding mechanism exclusion of the CEQA Guidelines section 15378(b)(4) because it does not constitute a binding commitment to construct the projects set forth in the investment plan.     

Read Sustainable Transp. Advocates of Santa Barbara v. Santa Barbara County Ass'n of Gov'ts, No. B212524 [HTML]

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Filed November 10, 2009

Judges

Opinion by Judge Perren

Counsel

For Appellant:  Eugene S. Wilson

For Appellee:  Dennis Marshall, County Counsel, Kevin E. Ready, Sr., Senior Deputy County Counsel; Remy, Thomas, Moose and Manley, Whitman F. Manley, Tiffany K. Wright and Christopher J. Butcher