Judge Denies Request to Curb Gravel Mine

A judge Monday rejected a petition by a group of Moorpark residents that sought to overturn a county decision allowing expansion of a mine north of the city.

The attorney for the Fairview Neighbors, a group of about 20 residents, argued that the county improperly granted a conditional-use permit to Transit Mixed Concrete Co. for expansion of the sand and gravel mine on Happy Camp Road.

The residents had complained that the project would result in increased truck traffic, noise and pollution. The group also tried to stop the project by arguing that the asphalt plant approved on the site violated the county’s General Plan.

After reviewing briefs that had been filed by both sides before the hearing, Municipal Judge Roland N. Purnell denied the petition.

Purnell did not give an explanation for his ruling.

“I think the court was satisfied that the county’s decision was supported by substantial evidence,” said Steven Weston, an attorney representing the county and Southdown Inc., the parent company of Transit Mixed Concrete Co.

Attorney Kate Neiswender, who represents the residents, said she plans to appeal the decision. She said the judge seemed unfamiliar with cases dealing with the California Environmental Quality Act.

“I was extremely disappointed with today’s decision,” Neiswender said. “He didn’t come out with a question about the applications of the law. I just can’t imagine the case was that easy.”