Riverwatch

Riverwatch v. County of San Diego

Good Law
76 Cal. App. 4th 1428·91 Cal. Rptr. 2d 322
Court of Appeal of CaliforniaJanuary 12, 2000D030732California9,490 words

Opinion

Opinion

Benke, J.

Real parties in interest and appellants Palomar Aggregates, Inc., and William Pankey (collectively Palomar) would like to develop a rock quarry on Rosemary’s Mountain in the northeastern portion of San Diego County. After its initial application for a major use permit was opposed by officials of defendant and appellant the County of San Diego (the county), Palomar prepared a revised application, which the county eventually approved. Plaintiff and respondent Riverwatch, an unincorporated association of residents and taxpayers who live near the proposed quarry and respondent Virginia Buonarti, who also lives near the proposed quarry (collectively Riverwatch), then filed a petition for writ of mandate in the superior court challenging the adequacy of the environmental impact report (EIR) that had been approved by the county. The superior court granted the writ and directed the county to vacate its approval of the project. In particular, the court found the county had not sufficiently addressed the impact of a road widening which would be required to accommodate increased truck traffic generated by the quarry. The court also found that the EIR had failed to properly consider…

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