Opinion No. (2003)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General JONATHAN FRIEMAN has requested this office to grant leave to sue in quo warranto upon the following question: Are the San Rafael Rock Quarry, Inc., the Dutra Group, Dutra Materials, and Dutra Dredging unlawfully holding or exercising their corporate franchises? CONCLUSION The filing of a quo warranto action to determine whether the San Rafael Rock Quarry, Inc., the Dutra Group, Dutra Materials, and Dutra Dredging are unlawfully holding or exercising their corporate franchises would not be in the public interest due to pending litigation involving the same underlying allegations and thus the application for leave to sue is denied. ANALYSIS Jonathan Frieman ("Frieman") contends that the Dutra Group is the parent company of Dutra Dredging, a corporation, Dutra Materials, a corporation, and San Rafael Rock Quarry, a corporation ("Dutra Group"), and has expanded the operations of a rock quarry beyond that allowed under a use permit issued by the county. Frieman also alleges that the Dutra Group has built and occupied buildings on its property without obtaining the requisite permits from the county, has violated…