The court of appeal held that the plaintiff’s challenge to the City of Rohnert Park’s reapproval of a Wal-Mart grocery store was barred by the doctrine of res judicata because a prior proceeding had raised the same issues.  Atwell v. City of Rohnert Park (Wal-Mart Stores, Inc.), 27 Cal. App. 5th 692 (2018).

In 2010, the City approved the Wal-Mart project.  Following the City’s approval, the Sierra Club and Sonoma County Conservation Action (SCCA) filed a petition challenging the project on grounds that it violated CEQA and conflicted with the City’s General Plan Policy LU-7.  Policy LU-7 sought to “encourage new neighborhood commercial facilities and supermarkets to be located to maximize accessibility to all residential areas. … to ensure that convenient shopping facilities such as supermarkets and drugstores are located close to where people live and facilitate access to these on foot or on bicycles … this policy will encourage dispersion of supermarkets rather than their clustering in a few locations.”

While the plaintiffs in the 2010 proceeding alleged that the project conflicted with Policy LU-7 in their petition, the plaintiffs did not pursue the claim during the proceeding.  The trial court ultimately granted the petition on the CEQA claims and ordered that the resolutions approving the Project be vacated, and that the Project be remanded for additional environmental review with respect to traffic and noise impacts.

The City prepared a revised EIR;  however, the EIR did not alter the original EIR’s analysis of the project’s consistency with the General Plan.  Following the City’s reapproval of the project in 2015, the plaintiffs filed this current proceeding challenging the project’s consistency with Policy LU-7.  The trial court denied the petition finding that the petition was barred by the 2010 proceeding under the doctrine of res judicata.

The doctrine of res judicata applies where a claim or issue raised in the present action is identical to a claim or issue litigated in a prior proceeding, the prior proceeding resulted in a final judgment on the merits, and the party against whom the doctrine is being asserted was a party or in privity with a party to the prior proceedings.
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An opponent of a Wal-Mart project was thwarted in his attempts to use an admittedly defective hearing notice as a basis for overturning project approvals.  The court ruled that his claims were defeated by his failure to present evidence of prejudice and by a prior appellate decision.  Roberson v. City of Rialto, No. E058187 (4th Dist. 5/21/14 [ordered published 6/17/14]).
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