SAVE OUR SUNOL v. MISSION VALLEY ROCK CO.

No. A105160.

21 Cal.Rptr.3d 171 (2004)

124 Cal.App.4th 276

SAVE OUR SUNOL, INC., Plaintiff and Appellant, v. MISSION VALLEY ROCK COMPANY et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

As Modified December 3, 2004.

Review Denied February 23, 2005.


Attorney(s) appearing for the Case

Stephan C. Volker, San Francisco, Gretchen E. Dent, San Jose, Joshua A.H. Harris, for Appellant.

Peter W. Davis, San Francisco, Stephen G. Blitch, Oakland, Raymond A. Cardozo, San Francisco, Jayne E. Fleming, Oakland, Dennis J. Herrera, Joshua Milstein, San Francisco, for Respondents Mission Valley Rock Company and City and County of San Francisco.

John Kerwin Smith, Robert Sakai, Hayward, for Respondent City and County of San Francisco.

Lorenzo E. Chambliss, Senior Deputy County Counsel, for Respondent County of Alameda.


SEPULVEDA, J.

The voters of Alameda County (County) adopted an initiative in November 2000 amending the County General Plan governing land uses. The initiative, known as Measure D, was enacted to protect agriculture and open space. Among the initiative's many amendments to the general plan was the added requirement that County approval of new quarries outside an urban zone be sanctioned by the voters. Measure D exempts from its application preexisting legal land uses...

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