Sierra Club v. Board of Supervisors

Statement of the Case

This is an appeal from a judgment entered on February 21, 1979, denying plaintiffs’ petition for writ of mandate, injunctive and declaratory relief. The chronology of events leading up to the denial of plaintiffs’ petition is as follows.

On February 6, 1978, the Kern County Board of Supervisors (hereinafter designated Board) adopted resolution No. 78-83 and ordinance No. G-2523. The Board’s actions of that date approved a zone change sought by real party in interest, Ming Center Investment Company (hereinafter designated Ming Center). The property is located a short distance west of urban Bakersfield in an area commonly called “Rose-dale”; the action generally rezoned the property from agricultural to residential uses.

Shortly thereafter, petitioner and appellant Sierra Club, an organization called Project Land Use, and Francine Joy Lane (collectively designated hereafter as Sierra Club) filed the petition for writ of mandate and other relief in the superior court. The petition named Kern County Board of Supervisors, Kern County Planning Commission, Kern County Surveyor and County of Kern as respondents. They will hereinafter be collectively…