Legal Opinion
Calvert v. County of Yuba
California Court of Appeal
Decided December 5, 2006No. C047857PublishedCited by 21 opinions
1Opinion of the Court
Opinion
DAVIS, J.
This appeal involves the Surface Mining and Reclamation Act of 1975. (SMARA; Pub. Resources Code, § 2710 et seq.) Our principal conclusion is that if an entity claims a vested right pursuant to SMARA to conduct a surface mining operation that is subject to the diminishing asset doctrine, that claim must be determined in a public adjudicatory hearing that meets procedural due process requirements of reasonable notice and an opportunity to be heard. We give this conclusion limited retroactive effect. We shall affirm the judgment with certain modifications.
Background
The…
2Cases cited19 opinions
- Heckler v. ChaneySupreme Court of the United States · 1985
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
- Woods v. YoungCalifornia Supreme Court · 1991
- Horn v. County of VenturaCalifornia Supreme Court · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- San Francisco Tomorrow v. City & County of San FranciscoCalifornia Court of Appeal · 2014
- Witt Home Ranch, Inc. v. County of SonomaCalifornia Court of Appeal · 2008
- Hardesty v. Sacramento Metropolitan Air Quality Management DistrictDistrict Court, E.D. California · 2013
- United Auburn Indian Community of the Auburn Rancheria v. BrownCalifornia Court of Appeal · 2016
- Venice Coal. to Pres. Unique Cmty. Character v. City of L. A., California Court of Appeal, 5th District2019
16 more not listed; retrieve them via the Exa API.