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Environmental Law
CEQA
Injunctive and Declaratory Relief

Open Space Legal Defense Fund, a non-profit organization; Heriberto Diaz and Daniel Duran v. City of Whittier, City Council of City of Whittier, and Does 1 through 50; (Matrix Oil Corporation, Clayton Williams Energy Inc., Puente Hills Landfill Native Habitat and Preservation Authority, The County of Los Angeles, Los Angeles County Regional Park an

Published: Mar. 23, 2013 | Result Date: Feb. 21, 2013 | Filing Date: Jan. 1, 1900 |

Case number: BS135187 Bench Decision –  Defense

Court

L.A. Superior Central


Attorneys

Defendant

James L. Markman


Facts

Los Angeles County and Mountains Recreation and Conservation Authority filed suit against the City of Whittier, challenging an oil-drilling project. They sought a preliminary injunction to halt the project. The plaintiffs argued that Whittier could not turn a park purchased by county taxpayers into a private oil field. Whittier argued that the terms of Proposition A funding and the Agreement to provide funding for the open space purchased by Whittier allows property dispositions so long as the open space property is replaced or appropriate funds are returned to the Proposition A Commission. The Open Space Legal Defense Fund previously settled out of the action.

Result

The court ruled in favor of Whittier, allowing phase I of the oil drilling project to proceed, pending a trial on the merits.


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