Perley v. County of Calaveras

(1982) 137 Cal.App.3d 424

The Court of Appeal upheld the use of a mitigated negative declaration for a seven acre strip mine.  The court concluded that the neighbors’ testimony regarding noise, dust and traffic did not constitute substantial evidence requiring preparation of an EIR.  This portion of the Court of Appeal’s ruling was disapproved in Oro Fino Gold Mining Corp. vs. County of El Dorado(1990) 225 Cal.App.3d 872 (see pages 10-11 of this application).  I was lead counsel for this matter.

[TLG counsel of record: Tina A. Thomas.]