VERY BAD NEWS: JOSHUA TREE LOSES TO DOLLAR GENERAL FORCES AT STATE COURT OF APPEAL
Last week the 4th Appellate District Division 2 State Court of Appeal reversed Joshua Tree Downtown Business Alliance’s 2014 victory in “CEQA Court” (CEQA: California Environmental Quality Act). In that case, San Bernardino County Superior Court Judge Donald R. Alvarez had agreed with the JTDBA that the store’s potential harm to the town’s economy had not been given adequate consideration in the approval process.
You can read/download the Court of Appeal’s 35-page June 15, 2016 decision here. The ruling was written by Presiding Justice Manuel A. Ramirez, with Associate Justice Thomas E. Hollenhorst and Associate Justice Carol D. Codrington concurring.
This is a major and perhaps fatal blow to the people of Joshua Tree’s five-year-long fight to keep Dollar General and developers Dynamic Development and Depierro Development from building a Dollar General store at the corner of Sunburst and the 62.
An appeal by the JTDBA to the California State Supreme Court is possible, but would be something of a hail mary as the Court hears fewer than 3 percent of the cases sent its way.
The JTDBA is consulting with its legal counsel as to what to do next, with an announcement expected soon.