California Court of Appeal

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Gray v. County of Madera, F053661

In a challenge to defendant-county's decision to issue a conditional use permit and mining permit, approve rezoning, to certify an environmental impact report (EIR), and to approve cancellation of a Williamson Act contract, dismissal of plaintiffs' petition for writ of mandate and complaint for injunctive declaratory relief is reversed where: 1) errors with the EIR analysis precluded "informed decision-making and informed public participation, thereby thwarting the statutory goals of the EIR process" and thus were prejudicial; 2) county failed to analyze the impacts of providing water to the proposed water system; and 3) county must do a water supply assessment or provide substantial evidence to explain why it did not have to comply with SB 610.

Appellate Information

  • Decided 10/24/2008
  • Published 10/24/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Donald B. Mooney, Donald B. Mooney, Davis, and Marsha A. Burch, Grass Valley;  Koczanowicz & Donaldson, Martin D. Koczanowicz, Fresno, for Plaintiffs and Appellants.

  • For Appellees:
  • David A. Prentice, County Counsel and Douglas W. Nelson, Assistant County Counsel, for Defendants and Respondents., Law Office of Thomas H. Terpstra, Thomas H. Terpstra, Stockton, for Real Parties in Interest and Respondents.
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