Gray

Gray v. County of Madera

Good Law
167 Cal. App. 4th 1099·2008 Cal. App. LEXIS 1684·85 Cal. Rptr. 3d 50·39 Envtl. L. Rep. (Envtl. Law Inst.) 20267
Court of Appeal of CaliforniaOctober 24, 2008F053661California11,652 words

Opinion

Opinion

Ardaiz, J.

INTRODUCTION

Sheryl and Bruce Gray appeal from the dismissal of their petition for writ of mandate and complaint for injunctive declaratory relief. For the following reasons, we reverse.

STATEMENT OF THE CASE

Sheryl and Bruce Gray (Petitioners or Appellants) filed a petition for writ of mandate challenging the decision of the County of Madera and the Madera County Board of Supervisors (collectively the County or Respondents) to issue a conditional use permit and a mining permit, to approve a rezoning, and to certify an environmental impact report (EIR) in connection with the proposed Madera Ranch Quarry Project (the Project), and to approve the cancellation of a Williamson Act (Gov. Code, § 51200 et seq.) contract for part of the site. In their petition, they contended that Respondents abused their discretion and failed to act in accordance with the applicable laws. Specifically, Petitioners alleged that Respondents’ actions violated the California Environmental Quality Act, Public Resources Code section 21000 et seq. (CEQA) and the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the Madera County General Plan and Madera County Code, and the Surface Mining…

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