In an opinion published today, the California Court of Appeal gives a good lesson in how not to prepare an appeal:
When practicing appellate law, there are at least three immutable rules: first, take great care to prepare a complete record; second, if it is not in the record, it did not happen; and third, when in doubt, refer back to rules one and two. In this case, the parties totally missed the appellate mark by failing to provide an adequate record for review.
[Discussion of facts omitted]
The administrative record [in this case] is large�14 binder-sized volumes. It reads as if its preparers randomly pulled out documents and threw them into binders, failing to organize them either chronologically or by subject matter. Key findings required under CEQA [California Environmental Quality Act] are impossible to find�let alone sufficient to enable us to determine whether they are supported by substantial evidence.
We publish not because the merits of this case warrant public proclamation but because we have observed a pattern of CEQA cases with poorly prepared records making review difficult, if not impossible. We iterate to anyone who will listen: CEQA has very specific requirements regarding what findings must be in the record. Do not ignore the requirements or, like these parties, you will find yourself in the unenviable position of having your judgment reversed and being forced to start over at great public and personal expense.
Judgment is reversed.
Ouch! The opinion is Protect Our Water v. County of Merced.