Reference Documents

Saturday, January 26, 2013

The Final, Final, Final End.

I reported a few days ago that the PZLDF case, Citizens for Clean Water (or PZLDF) vs. The Regional Water Quality Control Board et al., that flopped for years and was appealed to the next higher court until it finally made it to the State Supreme Court and WAS REJECTED by that court, had few more bits of business completed today: The administrative record was returned to the superior court, a remittitur was issued and finally, after so many years I can't recall where it all began, the case is now COMPLETE, DONE, OVER.

What is a remittitur you ask? (I know I wondered), so I looked it up here:
http://www.capcentral.org/procedures/case_manag/docs/FinalStep-AppellateProcess.pdf

"The remittitur is the final step in the appellate process. If neither rehearing nor review is granted, the Court of Appeal will issue its remittitur about 61 calendar days after the opinion has been filed. (Cal. Rules of Court, rule 8.272.) The issuance of the remittitur signals the end of the appellate court’s jurisdiction. The matter is now properly back before the trial court, which must carry out the higher court’s decision."

So that explains the statement, "Administrative record returned to superior court." But what was the superior court (I know, It has been so long)? It was: 

San Luis Obispo County Superior Court - Main (SLO Court 1)
Trial Court Case Number: CV070472

And what was the higher court, the appellate court's decision?

CCW, PZLDF, must pay the court costs of the Regional Water Quality Control Board. 
When did this all begin? The earliest pdf I have in my files is dated May 25, 2007. 
Looks like a whole lotta court costs to me, likely in the hundreds of thousands of dollars,
perhaps more. Those poor, poor people who fell for this DOA case. Sad, sad, sad.

Addendum: On 1/23/13 the record of the case was returned from the supreme court to the 
appellate court. The court language for the containers with the paperwork was listed as,
"3 doghouses." Might be what the appellants will be living in once they pay the bills.



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