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PROTECT OUR WATER v. COUNTY OF MERCED

No. F044896.

30 Cal.Rptr.3d 202 (2005)

130 Cal.App.4th 488

PROTECT OUR WATER et al., Plaintiffs and Appellants, v. COUNTY OF MERCED, Defendant and Respondent, Calaveras Materials, Inc., Real Party in Interest.

Court of Appeals of California, Fifth District.

May 25, 2005.

Attorney(s) appearing for the Case

Rose M. Zoia, Glen Ellen, for Plaintiffs and Appellants.

Ruben E. Castillo, County Counsel, James N. Fincher, Deputy County Counsel, Lozano Smith, Thomas J. Riggs, David J. Wolfe and Maiya Yang, Fresno, for Defendant and Respondent.

Mason, Robbins Gnass & Browning and William E. Gnass, Merced, for Real Party in Interest.

Certified for Partial Publication.* As Modified June 21, 2005.

OPINION

DIBIASO, J.

In March 2001, appellants Protect Our Water, San Joaquin Raptor Rescue Center, and Merced Valley River Association (collectively POW), filed a petition for writ of mandamus setting aside a conditional use permit issued by respondent County of Merced (County). The permit allowed real party in interest Calaveras Materials, Inc. (CMI...

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