RANCHO MURIETA AIRPORT, INC. v. County of Sacramento
Opinion
Opinion
Raye, J.
In these mandamus proceedings to compel the County of Sacramento (County) to trim or remove its trees from an airport “clear zone,” County would like us to weigh the fate of the Swainson’s hawk and the valley elderberry longhorn beetle against the convenience of passengers to land at the Rancho Murieta Airport at night. The trial court refused to be drawn into a battle of the species unwarranted by the straightforward petition by plaintiff Rancho Murieta Airport, Inc. (Airport), and County’s failure to initiate any other action.
The court granted Airport’s petition to compel County to trim or remove those trees on its property that obstructed navigable airspace along the south side of the runway or to obtain a permit to maintain the offending trees pursuant to its ministerial duties defined by Public Utilities Code section 21659 and its municipal ordinance No. 301-24. The court did not decide the parties’ responsibilities, if any, under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) or who ultimately should pay for the costs of trimming and removal since those issues were not raised by the petition. We affirm.