Cedar Fair v. City of Santa Clara

The City of Santa Clara and the San Francisco 49ers professional football team agreed on details of the proposed new 49ers stadium in 2011. Cedar Fair argued that the project approval could only occur after the environmental review was complete, and that it therefore violated the principles laid down by the California Supreme Court in Save Tara v. City of West Hollywood. The case was dismissed on demurrer, a ruling that was affirmed by the Court of Appeals. The decision is one of only three that have interpreted the Supreme Court’s ruling in Save Tara, and it provides the most detailed guidance available to developers and public agencies engaged in negotiations subject to CEQA review.