State Supremes Depublish Opinion On Water Analysis Case

The state Supreme Court has depublished a Sixth District Court of Appeal opinion in a case involving the water analysis for a 28-lot subdivision in northern Monterey County.

The Sixth District ruled that the county need not prepare an environmental impact report for the development because a mitigated negative declaration contained "overwhelming, uncontradicted evidence that the project has an ample water supply." The court rejected the contention that an email from a county environmental health specialist and testimony from a well drilling company owner provided the basis for a fair argument that the subdivision may have a significant impact on water supply (see CP&DR Legal Digest, May 2007).

The state high court declined to hear an appeal of the Sixth District's decision, but the depublication order means the opinion may not be cited as precedent.

The case is LandWatch Monterey County v. County of Monterey, No. H028659.