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RANCHO MURIETA AIRPORT, INC. v. COUNTY OF SACRAMENTO

No. C049783.

47 Cal.Rptr.3d 609 (2006)

142 Cal.App.4th 323

RANCHO MURIETA AIRPORT, INC., Plaintiff and Respondent, v. COUNTY OF SACRAMENTO, Defendant and Appellant; Department of Transportation, Real Party in Interest and Respondent.

Court of Appeal of California, Third District.

July 27, 2006.

Attorney(s) appearing for the Case

Wagner Kirkman Blaine Klomparens & Youmans, Douglas E. Kirkman, and Roy R. Girard, Sacramento, CA, for Plaintiff and Respondent.

Robert A. Ryan, Jr., County Counsel, and Krista C. Whitman, Deputy County Counsel, for Defendant and Appellant.

Bruce A. Behrens, Chief Counsel, Thomas C. Fellenz, Deputy Chief Counsel, Ronald W. Beals, Assistant Chief Counsel, Manuel Alvarado and Raiyn Bain, Deputy Attorneys for Real Party in Interest and Respondent.

RAYE, Acting P.J.

In these mandamus proceedings to compel the County of Sacramento (County) to trim or remove its trees from an airport "clear zone," County would like us to weigh the fate of the Swainson's hawk and the valley elderberry longhorn beetle against the convenience of passengers to land at the Rancho Murieta Airport at night. The trial court refused to be drawn into a battle of the species unwarranted by the straightforward petition by plaintiff Rancho...

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