Masonite Corp. v. County of Mendocino

Good Law
159 Cal. Rptr. 3d 860·2013 Cal. App. LEXIS 590·218 Cal. App. 4th 230·2013 WL 3865101
Court of Appeal of CaliforniaJuly 25, 2013A134896California4,060 words

Opinion

Opinion

Siggins, J.

Masonite Corporation (Masonite) appeals from a judgment denying its petition for writ of mandate to set aside approvals by Mendocino County (County) of the Kunzler Terrace Mine Project (Project) to be developed by Granite Construction Company (Granite; Granite and the County are hereafter referred to collectively as respondents), and the final environmental impact report (EIR) for its Project, for failure to comply with the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.).

Masonite argues the approval process and the EIR were deficient in several ways. The County was required to recirculate the EIR because the Project as approved had significantly greater impacts than the one originally proposed. Recirculation was also required because the EIR disclosed a new significant impact on the foothill yellow-legged frog (Frog) that was not adequately mitigated. The County erroneously determined that conservation easements and in-lieu fees were not feasible ways to mitigate the loss of prime farmland due to the Project. The EIR did not adequately analyze the Project’s cumulative impacts on agricultural resources. The County failed to adopt…

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