In what circumstances will the court strike down a general plan that does not include mandatory elements?

California, United States of America


The following excerpt is from Advocates v. City Of Atwater, F059556, No. CU151667 (Cal. App. 2011):

In its tentative decision, the trial court determined appellants had not shown the General Plan failed to include required mandatory elements. Quoting Garat v. City of Riverside (1991) 2 Cal.App.4th 259, 296 (Garat), the court concluded there is no statutory requirement that a general plan must be updated at any given interval, or in connection with any specific event. Further, appellants "have failed to meet their burden of showing the general plan is inadequate or that the WWTP is somehow inconsistent with it."

Page 31

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