California Court of Appeal

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Calvert v. County of Yuba, C047857

Judgment for plaintiffs, ranchowner and coalition of residents and taxpayers, is affirmed in case challenging determination that appellant has vested right to mine aggregate from Yuba Goldfields, based on main holding that if an entity claims a vested right under the Surface Mining and Reclamation Act to conduct mining that is subject to the diminishing asset doctrine, that claim must be determined in a public adjudicatory hearing that meets procedural due process requirements.

Appellate Information

  • Decided 12/05/2006
  • Published 12/05/2006


  • DAVIS, J.


  • California Court of Appeal


  • For Appellant:
  • Weinberg, Roger & Rosenfeld, David A. Rosenfeld, Christian L. Raisner, Theodore Franklin, Alameda, and M. Suzanne Murphy, for Plaintiffs and Appellants William Calvert and Yuba Goldfields Access Coalition., Jeffer, Mangels, Butler & Marmaro, Kerry Shapiro, Paul L. Warner, San Francisco, and Melanie L. Tang, for Real Party in Interest and Appellant.

  • For Appellees:
  • No appearance for Defendant and Respondent County of Yuba., Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General and Russell B. Hildreth, Deputy Attorney General, for Defendants and Respondents Department of Conservation and State Mining and Geology Board.
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