Legal Opinion
No Toxic Air, Inc. v. Lehigh Southwest Cement Co.
California Court of Appeal
Decided July 28, 2016No. H040047Published
1Opinion of the Court
Opinion
RUSHING, P. J.
The Permanente Quarry (Quarry) is a 3,510-acre surface mining operation producing limestone and aggregate for the manufacture of cement, and is located in an unincorporated area of Santa Clara County. The Quarry has been in existence since 1903, and is currently owned by Lehigh Southwest Cement Company and Hanson Permanente Cement (collectively “Lehigh”).
At issue in this case is the 2011 resolution of the Santa Clara County Board of Supervisors (County) finding that the Quarry’s surface mining operations are a legal nonconforming use.
No Toxic Air, Inc. (No Toxic Air), is…
2Cases cited5 opinions
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- City of Long Beach v. Stevedoring Services of AmericaCalifornia Court of Appeal · 2007
- Otay Ranch, L.People v. County of San DiegoCalifornia Court of Appeal · 2014