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Save Atascadero v. city of Atascadero trial began Tuesday

Posted: Tuesday, Mar 19th, 2013

he attorney for the city of Atascadero presents his rebuttal to Save Atascadero attorney Mark R. Wolfe’s deposition to the court. Tuesday’s court calendar allowed the case four hours. As of press time, it was not know if the judge would have had enough evidence to make a ruling. Proceedings in the case began shortly before a noon lunch break Tuesday with a summary from Save Atascadero’s attorney. Wolfe said that environmental impact report was inadequate and the city of Atascadero did not provide a cumulative report as required by the California Environmental Quality Act. “Neither type A nor type B health risk reports cited a cumulative analysis,” Wolfe said. He accused the city of Atascadero of significant failures regarding CEQA compliance. Part of Wolfe’s argument included citing the EIR failure to include the Walmart project’s own traffic. “The analysis also fails to include adjacent roadways El Camino Real and Del Rio Road,” Wolfe said. Wolfe detailed three failures by the city of Atascadero which were the failure to comply with CEQA requirements for a good faith reasonable reponse, failure to perform adequate cumulative analysis and the failure to recirculate. A courtroom observer and 30-year Atascadero resident, John Daly, said he was interested in the case for a number of reasons. “This is a slam dunk for the city,” Daly said. “If there is a ‘t’ that has not been crossed twice or an ‘i’ that has not been dotted twice, I will be surprised.” To find out more about this lawsuit, see Friday’s Atascadero News.

For the complete article see the 03-20-2013 issue.

Click here to purchase an electronic version of the 03-20-2013 paper.

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