Posted by: nevadansagainstgarbage | April 5, 2010

BREAKING NEWS!!!!!! April5, 2010

HUMBOLDT COUNTY COMMISSION DENIES 5 YEAR EXTENSION OF CONDITIONAL USE PERMIT FOR RECOLOGY.
On April 5 at 1:30PM the Humboldt County Commissioners held a hearing on the appeal of the five year extension the Regional Planning Commission granted to Recology. Evidence and testimony was presented by both sides; John Frankovich, the lawyer for Recology, and Robert Dolan and Massey Mayo, two Winnemucca lawyers who filed the appeal. At the end of the proceedings, the Commission held their vote. Question one was “Do we want to send this matter back to the Regional Planning Commission”, and question two was “Do we want to deny the extension the Regional Planning Commission granted to Recology”.

Click on the videos below to view the deliberations.

If there are two heroes in this entire affair, they are the pro bono Dolan/Mayo legal team and Commissioner Tom Fransway. To view portions of the closing arguments and the questions and statements of the commissioners, click on the videos below.

Caution should be urged at this point. Although the denial of the extension of the CUP is an encouraging sign, there is no reason to think that Recology will not appeal this decision or that the permitting process will suddenly cease and that this nightmare will become just a memory.

It should not be overlooked that also on April 5,2010, Judge Wagner issued his finding that the Dolan/Mayo legal team was entitled to Discovery. He included in his order that Recology lawyers had misstated the law. The background for this is that Dolan and Mayo wanted to do some Discovery with the Recology lawyers for the upcoming May hearing. The Recology lawyers said “No”, and filed a petition with the court. Click here to read the ruling

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Responses

  1. Judge Wagner didn’t limit his comments to Recology lawyers when he said they had misstated the law. He, by implication, included the County’s lawyers as well. The legal brief in question was filed on behalf of “Joint Respondents”–i.e. the County and Recology.


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