Failed desal project: Court rules appeal moot
Reverses decision on EIR
By JIM JOHNSON Herald Staff Writer, 08/29/2013
Highlight Excerpts:
In a ruling issued Monday, the Sixth District Court of Appeal found the Marina Coast Water District's appeal of a decision by a Monterey County judge that the project's EIR was inadequate is "moot," or irrelevant, because both sides agree the project is essentially dead.
The appeals court rejected requests by attorneys for Marina Coast and Ag Land Trust, which challenged the EIR in court, to issue even an advisory opinion on the merits of the appeal issues.
The three regional project partners, including the county Water Resources Agency, are still locked in a San Francisco Superior Court battle aimed at determining if the project agreements are still valid and if so which party was responsible for breaching them, and thus could be held responsible for the project's stranded costs.
ABSTRACT: In an uncertified opinion, filed 26 August 2013, IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT, AG LAND TRUST, Plaintiff and Respondent, v. MARINA COAST WATER DISTRICT, Defendant and Appellant, The Disposition: “The judgment is reversed and the matter is remanded with directions to the trial court to dismiss the petition for writ of mandate as moot. The parties shall bear their own costs on appeal,” Bamattre-Manoukian, Patricia and Marquez, Miguel (Concur) Elia, Franklin D. (Concur). The Opinion is embedded.
AG Land Trust v. Marina Coast Water Dist. Opinion H038550
Filed 8/26/13
Opinion (uncertified)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT AG LAND TRUST, Plaintiff and Respondent, v. MARINA COAST WATER DISTRICT, Defendant and Appellant.
Opinion (uncertified)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT AG LAND TRUST, Plaintiff and Respondent, v. MARINA COAST WATER DISTRICT, Defendant and Appellant.
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