Preserve Country Neighborhoods v. MendocinoCountyBd. of Supervisors
The Mendocino County Board of Supervisors (County), as lead agency under the California Environmental Quality Act (CEQA), approved a use permit for a composting facility operated by Cold Creek Compost, Inc. and Martin Mileck on land owned by Charles Guntly, after certifying that a final environmental impact report (FEIR) showed the project as mitigated would have no significant effect on the environment.
Preserve Country Neighborhoods (PCN), an unincorporated association of landowners in the vicinity of the facility, petitioned for a writ of mandate challenging the FEIR and the issuance of the use permit, and several nearby property owners alleged a nuisance claim seeking damages and injunctive relief. The action was bifurcated. The court initially denied the petition for a writ of mandate on the grounds that the County proceedings complied with CEQA, and the decision to certify the FEIR was supported by substantial evidence. Later, a jury returned a verdict that found the facility to be an abatable private nuisance and awarded five property owners compensatory damages, ranging from $9,375 to $43,750. After further proceedings without a jury, the court issued an injunction designed to abate the nuisance. In these consolidated appeals, PCN challenges the denial of its petition for a writ of mandate on the ground the FEIR did not comply with CEQA. Cold Creek Compost, Inc., Mileck and Guntly challenge certain trial court rulings, the jurys findings, and the injunction. Court reject the parties arguments, and accordingly, affirm.
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