Posted by: nevadansagainstgarbage | September 11, 2010

JUDGE ESTES DISMISSES PETITION FILED BY LOCAL ATTORNEYS September 10, 2010

Friday morning (Sept. 10) in 6th District Court, Judge Robert Estes dismissed the petition brought by Robert Dolan and Massey Mayo which sought to revoke the original CUP issued by the RPC on the grounds that the RPC failed to exercise due diligence and abused their authority by accepting the word of Recology. Item 6 of the CUP states that there will be no affect on abutting properties or the uses permitted thereon. Mr. Dolan’s contention was that the RPC failed to properly investigate and find out if item 6 was in fact the truth, as he felt there certainly would be an affect on abutting properties.

Former Humboldt County Assistant District Attorney Angie Elquist spoke on behalf of the RPC indicating that the RPC had in fact acted properly and within their authority even though objections had been lodged with the RPC and the Board had chosen to ignore those objections pursuant to legal code.

Judge Estes ruled that the conduct of the RPC did not meet the level of arbitrary and/or capricious in order for the petition to prevail.

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