We are hearing from two sources that Judge Donald Alvarez has sided with Joshua Tree in the JTDBA’s lawsuit and has sent Dollar General’s building permit back to the County to be re-done, with an (costly) Environmental Impact Report now required.
According to David Fick from the JTDBA (all-caps his):
THE COURT GRANTS THE PETITION FOR WRIT OF MANDATE TO OVERTURN THE APPROVAL OF THE SUBJECT REGARDING THE MITIGATED NEGATIVE DECLARATION AND THE CONDITIONAL USE PERMIT ON THE GROUNDS OF FAILURE TO PROPERLY ANALYZE THE PROJECTS IMPACTS ON THE ENVIRONMENT IN THE AREA OF ECONOMIC IMPACTS RESULTING IN URBAN DECAY. THE COUNTY IS REQUIRED TO UNDERTAKE AN EIR FOR THE PROPOSED PROJECT.
According to Gary Daigneault from local radio station 107.7:
According to court minutes released Tuesday morning, Judge David Alvarez granted the petition to overturn the County’s approval of a planned Dollar General retail store in Joshua Tree, with regard to the mitigated negative declaration and the conditional use permit, on the grounds of the failure to properly analyze the projects impacts on the environment in the area of economic impacts resulting in urban decay. The county is required to undertake an Environmental Impact Report for the proposed project. The Joshua Tree Downtown Business Alliance, which had filed the suit against Dynamic Development and San Bernardino County over the project approval, applauded the ruling. The court did reject other grounds that the JTDBA put forward in its suit — traffic impact, land use consistency, and the failure by the developer to identify the store as a Dollar General.