Legal Challenge to Dutra Asphalt Factory Scheduled

Tuesday Jan. 14, 2014

(time to be announced)

1st District Court of Appeal

350 McAllister Street

San Francisco, CA 94102

http://www.courts.ca.gov/1dca.htm

A one half -hour hearing:

Each side is allotted 15 min.

Three Judge Panel: Our panel is Ruvolo, P.J., Reardon, J., and Humes.

The First District California Court of appeals will hear oral arguments for clarification of specific points raised in the case and the appeal. The panel of judges has up to 90 days to issue its written decision (mid April, 2014). The decision requires only a majority.



This is a case challenging the project under the California Environmental Quality Act law (CEQA). We are challenging Sonoma County’s failure to comply with CEQA in its approval of Dutra’s asphalt factory project (Dec. 2010).



Our community coalition of plaintiffs:

Friends of Shollenberger, Moms for Clean Air, Petaluma River Council, Madrone Audubon, Petaluma Tomorrow, and The City of Petaluma. The stellar legal team of Richard Drury and Michael Lozeau represents us. http://www.lozeaudrury.com/



The City of Petaluma is represented by their own attorney. Friends of Shollenberger (FOS) and Moms for Clean Air (MOMS)pledged $10,000 ($5000 paid by MOMS, $2500 paid so far by FOS) to help the City pay its legal fees for the appeal.



What outcome do we anticipate?

We feel very strongly that our case has merit and we are hopeful that the court will reverse the wrong-headed decision made by Judge Chouteau of Sonoma Co. Superior court in Dec. 2011. See link for appeal briefs.



WHY Challenge and WHY the Appeal?

“Wrong Plant Wrong Place”

We are appealing to protect our beloved Shollenberger Park from significant damage. It is the City’s most popular park and an outstanding natural asset for all of Sonoma County.

Existing asphalt production capacity in Marin and Sonoma is sufficient.

Dutra’s proposed plant is unnecessary.

GO TO: saveshollenberger.com

“Like” us on Face book Page: https://www.facebook.com/shollenbergerpark

A special Thank You to Clifford at Affinity Solar for powering the music of Maria Muldaur and the Bluesiana Band at The Shindig 3! That's the power of love! (The Sun!)

Windsor-based Affinity Solar Energy is unique, in addition to helping you make the best renewable energy choice for your specific situation and location, they strive to educate you on the diverse choices available and most beneficial one for you. The result? Clean, safe, secure, affordable and sound renewable energy.

www.affinityenergy.com

SHOLLENBEGER SHINDIG 3 - SAT JUNE 15, 2013

What a party for the park!

Thank you to everyone who helped make The Shollenberger Shindig 3 a rousing success. Underwriters, donors, volunteers, food vendors all made the evening a wonderful experience and raised the funds needed to preserve and protect Shollenberger Park.

To everyone who bought a ticket, brought their friends, participated in the Silent Auction and raffle – everyone who made the time to come out to the Shindig! THANK YOU ALL!

THANK YOU TO OUR UNDERWRITERS, without whom we could not have a SUCCESSFUL Shindig!

TARA FIRMA FARMS, CAMELBAK, AZURE TOWNHOMES,
CHRIS AND LISA DOBSON, MAYA PRODUCTIONS, OWL FOUNDATION, PETALUMA TOMORROW, REACH 360 CHROMA GRAPHICS), OUT WEST GARAGE, LAGUNITAS BREWING, RYAN PHELAN, HILL PARK CLINIC, and many MORE donors.

BIG THANK YOU to our Silent Auction donors, Raffle Donors, Food Donors, and Food Vendors. Each and every one has been so generous and supportive of saving Shollenberger Park for the community.

Special thanks go to Tara and Craig Smith for donating the use of Tara Firma Farms as our venue this year. BIG THANK YOU to Daniel Gonyea our Tara Firma Event Coordinator and Maestro – his grace and willingness was much appreciated by all. The beautiful Sonoma farmland was an eye-pleasing backdrop to the outstanding performance of Maria Muldaur and her Bluesiana Boys. The farm tours were well attended.

We are so grateful to Maria Muldaur and her boys for making a joyful noise unto Mother Earth. People were up on their feet, dancing in the barn, with onlookers enjoying the sight with Lagunitas beer in hand. Maria, you made it a night to remember!

What’s a party without libation? Generous Lagunitas donated the beer and Hahn family winery donated the red wine, Willibees (OUR LOCAL WINE SHOP AT D ST AND LAKEVILLE) donated the jockey box to serve the beer. All proceeds went to Friends of Shollenberger.

Thanks to each and every volunteer who gave time and effort to make the evening go smoothly from preparation to set up to break down. The Chair people for each committee could run the world – wish they did – they are so talented, organized and hard working. (See our Volunteer poster

MUSIC made the evening sing - thank you to all those who pulled off having a concert, in a barn, way out I Street extension.
Impossible? – Not for this team:

BIG THANK YOU to Susan and Richard Villa for loaning their flat bed trailer for the stage. Susan also provided the homegrown flower arrangements and the vision in the first place to set up the stage and take the back of the tent off. With a view of Sonoma hills behind the band, it was a picture perfect event.

And who got that wall off without a hitch - Mike Frost (Scout Construction) and his able assistant Isaac!

Special thanks to Cindy Thomas for the loan of her RV for the performers to use as a Green Room and to Tunde Fabien for setting up the Green Room inside it – you both went the extra mile to make them comfortable and make FOS the perfect host to these wonderful performers.

BIG thank you to Athan Pasadis who provided many volunteer hours to assess our needs, the venue and provide the sound equipment and his technical expertise for Maria Muldaur and her band. Thanks to Clifford Coakley of Affinity Solar, who provided the SOLAR power to run the sound.

Looking forward to a DUTRA ASPHALT FACTORY FREE future at Shollenberger Park!
SAVE SHOLLENBERGER!
JOAN COOPER

Shollenberger Shindig 3

On line Shindig 3 ticket sales END Midnight June 14, 2013

BUY your tickets at the DOOR $30 Cash Only

or Mail Depot Sat 6/15/13 in the AM
$25 advance

See you at the Shindig and bring your dancing shoes!

MATCHING GRANT OFFERED BY MADRONE AUDUBON SOCIETY

MATCHING GRANT OFFERED 
to Friends of Shollenberger
BY MADRONE AUDUBON SOCIETY
DONATE BY MAY 15th
AND DOUBLE YOUR DOLLAR POWER!

TOGETHER WE CAN SAVE SHOLLENBERGER!
Madrone Audubon Society, our partner in litigation to stop the Dutra Asphalt Plant, has offered a $2,000 matching grant opportunity.  Madrone Audubon will donate up to $2,000, matching dollar for dollar any donation Friends receives by May 15, 2013.

Help us continue our energy and unity to save our Petaluma wetlands, protect our precious wildlife at Shollenberger Park, and prevent location of a noxious industrial asphalt plant 200 feet from the park.


It’s Easy and tax deductible, so don’t delay:
Deadline for the matching grant power of Audubon 
May 15, 2013

GO TO OUR WEBSITE          saveshollenberger.com
CLICK  DONATE
( use credit card via pay pal and our non-profit  sponsor O.W.L. Foundation.)

 SEND A CHECK TO:

      Friends of Shollenberger  (O.W.L Foundation )
      Greg Reisinger, Treas. FOS
      521 Howard Street
      Petaluma, CA 94952


Our day in court is coming – we await a time slot on the court calendar.
Our attorneys, Richard Drury and Mike Lozeau will present our claims against Dutra and the Board of Supervisors to a panel of three judges in San Francisco Appellate Court. We expect a fair hearing. The public can attend, so stay tuned.
“Like “ on our Face Book  page  Save Shollenberger Park for updates.


WE CAN WIN THIS BUT WE NEED YOUR SUPPORT TO DO IT!

Photos by Bob Dyer