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CALVERT v. COUNTY OF YUBA

No. C047857.

51 Cal.Rptr.3d 797 (2006)

145 Cal.App.4th 613

William CALVERT et al., Plaintiffs and Appellants, v. COUNTY OF YUBA et al., Defendants and Respondents; Western Aggregates LLC, Real Party in Interest and Appellant.

Court of Appeal of California, Third District.

December 5, 2006.

Attorney(s) appearing for the Case

Jeffer, Mangels, Butler & Marmaro, Kerry Shapiro, Paul L. Warner, San Francisco, and Melanie L. Tang, for Real Party in Interest and Appellant Western Aggregates LLC.

Weinberg, Roger & Rosenfeld, David A. Rosenfeld, Christian L. Raisner, Theodore Franklin, Alameda, and M. Suzanne Murphy, for Plaintiffs and Appellants William Calvert and Yuba Goldfields Access Coalition.

No appearance on behalf of Defendant and Respondent County of Yuba.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General,

Mary E. Hackenbracht, Assistant Attorney General and Russell B. Hildreth, Deputy Attorney General, for Defendants and Respondents Department of Conservation and State Mining and Geology Board.

DAVIS, J.

This appeal involves the Surface Mining and Reclamation Act of 1975. (SMARA; Pub. Resources Code, § 2710 et seq.) Our principal conclusion is that if an entity claims a vested right pursuant to SMARA to conduct a surface mining operation that is subject to the diminishing asset doctrine, that claim must be determined in a public adjudicatory hearing that meets procedural due process requirements of reasonable notice and an opportunity to be heard. We...

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