Raptor, POW and Citizens group defeat RMP in court

MERCED CA (February 26, 2008) – Petitioners San Joaquin Raptor Rescue Center, Protect Our Water (POW) and Citizens for the Protection of Merced County Resources defeated Merced County and the Riverside Motorsports Park (RMP) in Merced County Superior Court.

In her decision on the suit against the Merced County Board of Supervisors’ approval of the RMP environmental impact report (EIR) in December 2006, San Joaquin County Superior Court Judge Elizabeth Humphreys ruled that, “Judgment be entered in favor” of the petitioners , Merced County certification of the EIR be “vacated,” and a peremptory writ of mandate be issues “under seal of this court ordering the County and RMP:

“a.Immediately on receipt of the Writ set aside and void its approvals of RMP and refrain from further approvals unless and until it undertakes further environmental review to correct the deficiencies in the EIR …

“b. Make and file a return to Court upon taking a final action to certify the EIR and reconsider the Project setting further what the County has done to comply with the Writ.”

Judge Humphreys ruled that in the absence of a development agreement and a community benefits agreement “that have not been drafted,” the project EIR was deficient “as an informational document,” therefore neither the public nor the county Board of Supervisors had adequate knowledge of the project to make a decision on the EIR.

Attorney Gregory Maxim, speaking on behalf of himself and co-counsel Julia Garcia, both of the Roseville law firm Sproul Trost, said: "This ruling is a great victory for both the citizenry of Merced County, and in support of the CEQA process. The Court's ultimate remedy in this ruling has made clear that the County failed in its mandates under law, and that the public was denied the opportunity to consider the full potential of environmental impacts of this project."

Lydia Miller, president of San Joaquin Raptor Rescue Center, said: “We are extremely grateful for the excellent representation Raptor, POW and the Citizens group received from Gregory Maxim, Julia Garcia, Sproul and Trost and Marsh Burch, Law Offices of Donald B. Mooney on this case. This decision revokes the EIR and associated approvals and forces the County and RMP back to the drawing board.”

For further information contact:

Lydia Miller GREGORY L. MAXIM
San Joaquin Raptor Rescue Center Attorney at Law
(209) 723-9283, ph. & fax Sproul Trost LLP
(916) 783-6262 tel

San Joaquin Raptor Rescue Center

Protect Our Water

Citizens for the Protection of Merced County Resources