CFNR Operating Co., Inc. v. CITY OF AMERICAN CANYON

ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Plaintiff Apex Bulk Commodities, a bulk transfer operator, subleases a portion of property located within defendant City of American Canyon (the City) from plaintiff CFNR Operating Company, a common carrier that has lease rights from and operates on lines owned by Union Pacific Railroad Company. Apex operates a bulk transfer facility on the property to transfer pumice and cement, which CFNR delivers to the property by rail, from railcars to Apex’s trucks. Apex then delivers the materials to a local customer, Cultured Stone.

Concerned that Apex’s operations posed possible environmental hazards, including dust, traffic and water run-off, and that Apex had not obtained a city business license or responded to prior citations based on violations of the Municipal Code, the City filed a state court action against Apex on April 22, 2002 seeking abatement of a public nuisance and compliance with the Municipal Code. On September 24, 2002, a superior court judge issued a preliminary injunction requiring Apex to “contain all materials which allow airborne debris to escape the property located at the terminus of Napa Junction Road,”…