Wednesday, November 27, 2013

Legal Challenge to Dutra Asphalt Factory ScheduledTuesday Jan. 14, 2014





Untitled Document




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



Posted by Friends of Shollenberger Park at 11:44 AM 1 comments
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Community bench donations for inscribed bricks now closed


The bench pad has been installed. We will have a Dedication Gathering in January 2017 at the Community Bench site, located on the South loop of the walking path at Shollenberger Park. Check it out!

Donations to Save Shollenberger always welcome and needed. Think of our park and the work we need to keep doing to save it when making your end of the year donations — tax deductible!



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Upcoming Events

Shollenberger Shindig
Feb 25, 2019
River Front Cafe
A Benefit for Friends of Shollenberger (O.W.L. Foundation) fund to protect our park.

Mission Statement

We are a group of ordinary citizens who enjoy open space, clean air, and community well being. We have joined together to preserve and protect Shollenberger Park and the Petaluma Wetlands for all of our families and for future generations.

We provide information and a forum for citizens to learn about our local environmental issues and work towards protecting our park. As a “Special Project” of the O.W.L. Foundation, (http://owlfoundation.net/OWL.htm), we are a non-profit organization and donations to support our activities are tax-deductible.

Read More

  • 2014 Petition for Rehearing
  • Dutra Reply Brief 9/25/2012
  • Dutra Opening Brief 7/20/2012
  • Judge Chouteau's decision 12/23/2011
  • City Opening Brief (PDF)
  • Trial Brief CEQA Brown Act (PDF)
  • Dutra's Record
  • Our Partners In This Fight
  • More Information

This fight is not over!

Stay tuned for our next steps in preserving and protecting Shollenberger Park and Petaluma Wetlands, and our community from an asphalt factory at Haystack Landing.

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