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NEIGHBORHOOD ACTION GROUP v. COUNTY OF CALAVERAS

Docket No. 22468.

156 Cal.App.3d 1176 (1984)

203 Cal. Rptr. 401

NEIGHBORHOOD ACTION GROUP FOR THE FIFTH DISTRICT et al., Plaintiffs and Appellants, v. COUNTY OF CALAVERAS et al., Defendants and Respondents; TEICHERT CONSTRUCTION COMPANY, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

June 8, 1984.

Attorney(s) appearing for the Case

COUNSEL

Berliner & Spiller, Clarence H. McProud and David M. Walters for Plaintiffs and Appellants.

John K. Van de Kamp, Attorney General, R.H. Connett, Assistant Attorney General, Joel S. Moskowitz and Mark Urban, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiffs and Appellants.

Jeffrey Tuttle, County Counsel, for Defendants and Respondents.

McDonough, Holland & Allen and William L. Owen for Real Party in Interest and Respondent.

OPINION

BLEASE, J.

In this case we decide that the issuance of a conditional use permit is ultra vires if the general plan of the issuing entity (see Gov. Code, § 65300 et seq.)1 does not conform to mandatory statutory criteria which are relevant to the uses sought by the permit.

The controversy arises from the transportation of processed detritus...

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