Newberry Springs Water Ass'n v. County of San Bernardino
Opinion
Opinion
Morris, J.
Plaintiffs have appealed from a judgment denying a writ of mandate and complaint for injunctive relief. Plaintiffs sought to set aside the site approval for a dairy in the Newberry Springs area of San Bernardino County.
Facts
On January 26, 1981, real party in interest James Koning filed a site approval application for a 900-cow dairy. The San Bernardino County Planning Department prepared referral memos inviting comments on the project and stating the dates for decision by the environmental and planning departments. The memos were sent to relevant agencies and to 49 adjacent property holders, including plaintiff Selurnic, president of plaintiff Newberry Springs Water Association. An initial study of potential environmental impact was made pursuant to section 15080 of the Guidelines for Implementation of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq., Cal. Admin. Code, tit. 14, § 15080). The study found no significant environmental effects.
On March 10, 1981, the environmental hearing officer (EHO) held a public hearing at which a negative declaration was issued, stating the project would have no significant environmental effect.…