UPDATE: Sacramento County Superior Court Judge Michael Kenny postponed Friday’s hearing on Marina Coast Water District’s request for a temporary restraining order to halt California-American Water Company’s test slant well project due to Cal-Am’s request to move the case to Monterey County Superior Court. Judge Kenny is expected to issue a decision on Cal-Am’s request on Wednesday, December 10, 2014, according to reporting in The Monterey County Herald.
ABSTRACT: On Monday, November 24, 2014, Marina Coast Water District filed PETITION FOR WRIT OF MANDATE and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (C.C.P. § 1094.5 (1085); California Environmental Quality Act ("CEQA")) against the CALIFORNIA COASTAL COMMISSION, and DOES 11-50, Respondents and Defendants, CALIFORNIA-AMERICAN WATER COMPANY, a California water corporation, and DOES 51-100, Real Party in Interest, SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO. The FIRST CAUSE OF ACTION: Violation of CEQA (Public Resources Code,§§ 21000 et seq.) and SECOND CAUSE OF ACTION Violation of the California Coastal Act (Public Resources Code, §§ 30000 et seq.).
PRAYER
FOR RELIEF
Wherefore, the Marina Coast Water District prays for judgment against the Commission as follows:
1. For a temporary stay, temporary restraining order, and preliminary and permanent injunctions restraining Respondent and its agents, employees, officers and representatives from issuing any permits or talking other actions in furtherance of the Project pending full compliance with the requirements of CEQA, the CEQA Guidelines, and the Coastal Act.
2. For a peremptory writ of mandate commanding the Commission to vacate and set aside in its entirety its decision to approve the Coastal Development Permit allowing Cal-Am to construct and operate a slant test well and associated monitoring wells on the CEMEX property;
3. For a peremptory writ of mandate directing the Respondents to comply with the requirements of CEQA, the CEQA Guidelines, and the Coastal Act;
4. For a temporary stay, temporary restraining order, and preliminary and permanent injunctions restraining the Real Parties in Interest and Respondents and its agents, servants, and employees, and all others acting in concert with Real Parties in Interest and Respondents on their behalf, from taking any action to implement the Project, pending full compliance with the requirements of CEQA, the CEQA Guidelines, and the Coastal Act;
5. For an award of reasonable attorneys' fees and costs in this action to Petitioner; and
6. For such other and further relief that the Court deems just and proper.
The Petition and Complaint document is embedded. On Friday, December 5, 2014, the “
suit is scheduled for an initial hearing,” according to reporting in The Monterey County Herald.
PETITION FOR WRIT OF MANDATE and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
(C.C.P. § 1094.5 (1085); California Environmental Quality Act ("CEQA"))
MARINA COAST WATER DISTRICT, and DOES 1-10, Petitioner and Plaintiff, v. CALIFORNIA COASTAL COMMISSION, and DOES 11-50, Respondents and Defendants.
CALIFORNIA-AMERICAN WATER COMPANY, a California water corporation, and DOES 51-100, Real Party of Interest.
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
REFERENCE:
Marina Coast files suit to stop Cal Am test well
By Jim Johnson, Monterey Herald
Posted: 12/01/14
