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NORTHERN CALIFORNIA RECORD

Tuesday, May 7, 2024

Vichy Springs Resort sues City of Ukiah for regulatory authority over Club's activities

State Court
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In a lawsuit filed on March 29, 2024, in the Court of Appeal of the State of California, First Appellate District, Division Four (Case ID: A165345, A167000), Vichy Springs Resort Inc. is appealing against the City of Ukiah and others. The case revolves around the operation of a shooting range by Ukiah Rifle and Pistol Club, Inc., who leases land from the City of Ukiah for this purpose.

The plaintiff, Vichy Springs Resort Inc., located half a mile from the shooting range, sued both the City and County over concerns about regulatory authority over the Club's activities. The lawsuit was particularly focused on the Club's planned demolition of its existing main shooting range and construction of a new one. Vichy contended that this project would have significant environmental impacts such as lead contamination and increased noise and traffic.

During the trial proceedings, the Club completed its project without any injunction from Vichy. Subsequently, an Agreement for Shared Exercise of Land Use and California Building Code Authority under the Joint Exercise of Powers Act was entered into by both City and County with respect to Club's activities. Despite several rounds of motions, judgment was eventually entered in favor of defendants by trial court on Vichy’s Second Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief.

Vichy is seeking an appeal against this judgment alleging errors made by trial court in various aspects including sustaining demurrers without leave to amend causes related to non-compliance with California Environmental Quality Act (CEQA) by City and County among others. Furthermore, they contend that their lawsuit was instrumental in establishing Joint Powers Agreement thus warranting attorney fees.

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