Kuhs

Procedural and Factual History

In the summer of 1987, the Kern County Board of Supervisors was considering three possible sites for the construction of a class III landfill to replace the current landfill which was scheduled to be filled to capacity by 1990. The sites were designated as site II (Breckenridge site), site B (Kern Front site) and site C (Bena site). Petitioner Kuhs, at a meeting of the board on July 14, 1987, made a presentation in opposition to the adoption of site C, the Bena site. The same day, the board voted to select site C.

On September 28, 1987, the Kern County Board of Supervisors adopted a proposed amendment to the general zoning plan which effectuated its earlier decision as to the site of the new landfill for the county. This amendment was referred to as Resolution 87-727. On the same date, the county issued a conditional use permit which permitted the land to be used specifically for a landfill. The issuance of the conditional use permit was contained in Resolution 87-734. The conditional use permitted by Resolution 87-734 was based upon the general plan amendment contained in Resolution 87-727.

Subsequent to the passage of the general plan…