A lawsuit seeking to overturn Arroyo Grande's decision to approve a mitigated negative declaration and require a full environmental impact report for a proposed dog park was rejected June 3 in San Luis Obispo County Superior Court.

Judge Charles S. Crandall denied the writ of mandate sought by the owner, manager and

15 residents of the Park Place apartments located adjacent to the proposed off-leash area at Elm Street Park.

Although the lawsuit was

denied, the petitioners have

90 days to appeal the decision, so Arroyo Grande is holding off on creating the park.

William S. Walter, attorney for apartment owner Manfred G. Freutel, apartment manager Mitchell Mundahl and 15 residents, could not be reached by press time for comment on whether an appeal might be filed.

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In the lawsuit filed Feb. 8, the group said that under California Environmental Quality Act guidelines, the city should have prepared a full environmental impact report because the dog park would have “significant environmental impacts.”

They cited many of the same objections they raised at a public hearing when the dog park was approved, including noise from barking dogs, potential parking problems and odors from dog urine and feces, which they claimed would contaminate groundwater.

However, in his decision, Crandall wrote that the petitioners had to demonstrate “substantial evidence” the decision would have a “significant effect on the environment” in order for the CEQA requirements for a full EIR to apply.

Citing previous appellate court decisions, he noted that evidence must be “fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact” and would not include “argument, speculation, unsubstantiated opinion, narrative or rumor.”

He said “unsubstantiated fears and desires” of the opponents did not constitute such evidence.

June 18, 2008