BECK DEVELOPMENT CO. v. S. PACIFIC TRANSP. CO.

Docket Nos. C015216, C015905.

44 Cal.App.4th 1160 (1996)

52 Cal. Rptr.2d 518

BECK DEVELOPMENT CO., INC., Plaintiff and Respondent, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant and Appellant. BECK DEVELOPMENT CO., INC., Plaintiff and Appellant, v. DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Defendant and Appellant; CITY OF TRACY, Defendant and Respondent.

Court of Appeals of California, Third District.

April 24, 1996.


Attorney(s) appearing for the Case

COUNSEL

Freeman, Brown, Hartmann, Sperry & D'Aiuto, Gerald A. Sperry, Glen C. Hansen and James Belford Brown for Plaintiff and Appellant in No. C015905 and for Plaintiff and Respondent in No. C015216.

Diepenbrock, Wulff, Plant & Hannegan, John S. Gilmore and Charity Kenyon for Defendant and Appellant in No. C015216.

Daniel E. Lungren, Attorney General, Charlton G. Holland III, Assistant Attorney General, Dennis Eckhart and Michael V. Hammang, Deputy Attorneys General, for Defendant and Appellant in No. C015905.

Kroloff, Belcher, Smart, Perry & Christopherson and Orlie L. Curtis for Defendant and Respondent.


OPINION

SPARKS, Acting P.J.

In these consolidated appeals we consider issues arising out of the subsurface contamination of land. Among other points, we consider the nature and propriety of a moratorium recommendation by the state agency responsible for toxic substance control. We also examine the relationship between the laws dealing with hazardous waste properties and those governing land use regulation. Finally, we consider public...

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