Burrtec Waste Industries, Inc. v. City of Colton
Opinion
Opinion
Gaut, J.
1. Introduction
Two competing trash companies, Taormina Industries, LLC, and Burrtec Waste Industries, Inc., are both engaged in solid waste recycling and disposal. In this appeal, they argue about whether the City of Colton complied with CEQA, the California Environmental Quality Act, when it approved a mitigated negative declaration (MND) and issued an amended conditional use permit (CUP) to allow Taormina to operate a solid waste facility in Colton.
In 1999, the city approved a CUP for Taormina to operate a materials recycling facility. In 2000, Taormina sought an amended CUP allowing it to process solid waste. The city approved the amended CUP on October 10, 2000.
In its writ petition to the superior court, Burrtec alleges the notice of intention (NOI) to adopt an MND was not properly posted as required by sections 21092 and 21092.3. As a result, Burrtec did not find out about the application for the amended CUP until after it was too late to comment on the application or to appeal the decision of the city to approve it.
The superior court first ruled Burrtec has standing. The court then granted the first cause of action of Burrtec’s writ petition on the grounds…