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Save Our Sunol v. Mission Valley Rock Co.

ELR Citation: 34 ELR 20142
Nos. No. A105160, (Cal. App. 1st Dist., 11/19/2004)

A California appellate court dismissed a preservation group's suit to enjoin a quarry project under a county initiative that requires new quarries outside an urban zone to be sanctioned by voters. The initiative does not apply to preexisting legal land uses and rights to development. Here, the county issued a surface mining permit for the project prior to the initiative's passage. The project, therefore, had already been approved by the county and is not a new quarry subject to voter approval.