Big Creek Lumber v. Co. of Santa Cruz 3/10/04 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H023778M

Case Date: 03/10/2004

Preview:Filed 3/10/04

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT BIG CREEK LUMBER CO. et al., Plaintiffs and Appellants, v. COUNTY OF SANTA CRUZ et al., Defendants and Appellants. ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN THE JUDGMENT H023778 (Santa Cruz County Super.Ct.Nos. CV134816, CV137992

It is ordered that the opinion filed herein on February 17, 2004, be modified as follows: 1) The last sentence of the first paragraph on page 21, beginning with "Even so, only . . ." is deleted and replaced with the following: Actions by the local government that authorize "a use other than that designated in the LCP as a permitted use . . . require certification by the Commission . . . ." (Yost v. Thomas, supra, 36 Cal.3d at p. 573, fn. 9. See Pub. Resources Code,

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