No Toxic Air, Inc. v. Lehigh Southwest Cement Co.

The Permanente Quarry (Quarry) is a 3,510-acre surface mining operation producing limestone and aggregate for the manufacture of cement, and is located in an unincorporated area of Santa Clara County. The Quarry has been in existence since 1903, and is currently owned by Lehigh Southwest Cement Company and Hanson Permanente Cement (collectively “Lehigh”).

At issue in this case is the 2011 resolution of the Santa Clara County Board of Supervisors (County) finding that the Quarry’s surface mining operations are a legal nonconforming use.

No Toxic Air, Inc. (No Toxic Air), is a nonprofit organization that represents residents of Santa Clara County. No Toxic Air filed a petition for peremptory writ of mandate challenging the County’s March 1, 2011 resolution granting Lehigh legal nonconforming use status.

The trial court denied No Toxic Air’s writ petition, affirming the County’s resolution. No Toxic Air appealed the denial of the petition, arguing that the County’s determination that the Quarry’s surface mining rights were vested, and therefore eligible for legal nonconforming use status, was not supported by the evidence in the administrative record. We affirmed the…