California Court of Appeal
Hardesty v. State Mining and Geology Board, 079617
In a suit under the Surface Mining and Reclamation Act of 1975 (SMARA), Pub. Resources Code section 2710 et. seq, the State Mining and Geology Board (Board)'s disputed findings conclude there are no vested rights to surface mine at the Big Cut Mine in El Dorado County, which in effect deny plaintiff a 'grandfather' exemption from the need to obtain a County mining permit, is affirmed and plaintiff's petition for a writ of mandamus is denied where: 1) a federal mining patent--a deed perfected after working a mining claim--has no effect on the application of state regulation of mining; and 2) neither of plaintiff's procedural claims proves persuasive.
Appellate Information
- Published 2017/05/16
Judges
- DUARTE
Court
- California Court of Appeal