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California Court of Appeal


San Joaquin Raptor Rescue Ctr. v. County of Merced, F050232

In a CEQA challenge to a county board of supervisors' decision to certify an environmental impact report (EIR) and approve a conditional use permit (CUP) regarding a proposed expansion of a mining operation, denial of a petition for writ of mandate is reversed where the certification was an abuse of discretion as the EIR was fundamentally flawed and suffered from various deficiencies which were prejudicial.

Appellate Information

  • Decided 04/10/2007
  • Published 04/10/2007

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Donald B. Mooney, Donald B. Mooney, Davis, and Marsha A. Burch, for Plaintiffs and Appellants.

  • For Appellees:
  • James Fincher, County Counsel and Walter Wall, Deputy County Counsel, for Defendants and Respondents., Herum Crabtree Brown, Thomas H. Terpstra and Brett S. Jolley, Stockton, for Real Party in Interest and Respondent.
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