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BURRTEC WASTE INDUSTRIES v. CITY OF COLTON

No. E030046.

119 Cal.Rptr.2d 410 (2002)

97 Cal.App.4th 1133

BURRTEC WASTE INDUSTRIES, INC., Plaintiff and Respondent, v. The CITY OF COLTON et al., Defendants and Respondents; Taormina Industries, LLC, Real Party in Interest and Appellant.

Court of Appeals of California, Fourth District, Division Two.

April 8, 2002.

Attorney(s) appearing for the Case

Weston, Benshoof, Rochefort, Rubalcava & MacCuish, Los Angeles, Edward J. Casey, and Maureen F. Gorsen, Sacramento, Real Party in Interest and Appellant.

Gresham, Savage, Nolan & Tilden, John C. Nolan and Jennifer M. Guenther, San Bernardino, for Plaintiff and Respondent.

No appearance for Defendants and Respondents City of Colton and The Planning Commission of the City of Colton.

OPINION

GAUT, J.

1. Introduction

Two competing trash companies, Taormina Industries, LLC, and Burrtec Waste Industries, Inc., are both engaged in solid waste recycling and disposal. In this appeal, they argue about whether the City of Colton complied with CEQA, the California Environmental Quality Act,1 when it approved a Mitigated Negative Declaration (MND) and issued an amended Conditional Use Permit (CUP)...

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