Laupheimer

Laupheimer v. State of California

Good Law
1988 Cal. App. LEXIS 329·200 Cal. App. 3d 440·246 Cal. Rptr. 82
Court of Appeal of CaliforniaApril 15, 1988H000445California8,407 words

Opinion

Opinion

Agliano, J.

The California Department of Forestry (“Forestry”) approved a landowner’s plans to cut and remove trees from owner’s property in Santa Cruz County. Area homeowners, joined by the county and a water district, petitioned for a writ of mandate and injunctive relief to prevent the logging. The trial court denied relief. On appeal, we conclude that for want of a showing of adequate consideration of potential cumulative effects upon the environment, Forestry’s approval of the second of two “timber harvesting plans” for the property was a prejudicial abuse of discretion. Accordingly we shall reverse the judgment with directions to issue the writ of mandate.

The property consists of 160 acres, located on ridges in the Lompico Creek watershed on the southwesterly slope of the Santa Cruz Mountains. The landowner is an association of business entities (collectively “Coast”), which proposed to log approximately 116 of the 160 acres. The homeowners own parcels downhill from Coast’s property. The area has been subject to serious erosional damage in the past.

Coast’s proposed logging operation was subject to prior approval by Forestry under the Z’berg-Nejedly Forest Practice Act of…

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