Davis

Padres Hacia Una Vida Mejor v. Davis

Good Law
117 Cal. Rptr. 2d 727·2002 Cal. App. LEXIS 2716·2002 Daily Journal DAR 2854·96 Cal. App. 4th 1123·2002 Cal. Daily Op. Serv. 2361
Court of Appeal of CaliforniaMarch 12, 2002F036205, F037576, F037832, F037828California4,924 words

Opinion

Opinion

Ardaiz, J.

Kern County and the owner-operator of a hazardous waste facility appeal the issuance of a writ of mandate directing the Governor to convene an administrative appeal board to review the county’s approval of a conditional use permit for the modification and expansion of the hazardous waste facility. The county and the owner contend the community group challenging the permit failed to timely file a completed application for administrative appeal with the Governor. We affirm.

Procedural History and Facts

In October 1991, Safety-Kleen (Buttonwillow) Inc. (S-K) (then known as Laidlaw Environmental Services (Lokern), Inc.) noticed its intention to seek a conditional use permit and general plan amendment from Kern County to modify and expand its hazardous waste facility near Buttonwillow, California.

On December 12, 1994, the Kern County Board of Supervisors, acting on behalf of Kern County (collectively the County), adopted resolution No. 94-684 approving Conditional Use Permit No. 4, Map No. 97 (the CUP), concerning the hazardous waste project.

On January 9, 1995, Padres Hacia una Vida Mejor, an unincorporated association of residents from Buttonwillow, California, and…

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