California Court of Appeal

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Van Horn v. Dept. Toxic Substances Control, C073173

In this case involving a lien placed on plaintiff's property for hazardous substance alleviation, dismissal on the ground of uncertainty is reversed as to plaintiff's writ of mandate cause of action and affirmed as to her declaratory relief cause of action, and the trial court is directed to issue a writ of mandate requiring defendant to remove its lien and to hold a lien procedure hearing, where: 1) plaintiff has stated a cause of action by alleging that the procedure used by defendant for placing a lien for hazardous substance alleviation pursuant to California's "Superfund" statute (Health & Safety Code section 25300) violates due process; and 2) the lien procedure fails to allow an affected landowner to dispute the amount of the lien, the extent of the property burdened by the lien, and the characterization of the landowner as a responsible party.

Appellate Information

  • Decided 11/26/2014
  • Published 11/26/2014

Judges

  • Butz

Court

  • California Court of Appeal

Counsel