Johnston v. Sonoma County Agricultural Preservation & Open Space Dist.

Full title: JOHN R. JOHNSTON, Plaintiff and Appellant, v. SONOMA COUNTY AGRICULTURAL…

Court: California Court of Appeals, First District, First Division

Date published: Aug 22, 2002

No. A097121 (Cal. Ct. App. Aug. 22, 2002)

Opinion

Page 348c

101 Cal.App.4th 348c ___Cal.Rptr.2d___ JOHN R. JOHNSTON, Plaintiff and Appellant, v. SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT et al., Defendants and Respondents; CITY OF SANTA ROSA et al., Real Parties in Interest and Respondents. A097121 California Court of Appeal, First District, First Division August 22, 2002

[Modification of opinion (100 Cal.App.4th 973; 123 Cal.Rptr.2d 226).]

OPINION

THE COURT.

It is ordered that the opinion filed herein on July 31, 2002, be modified as follows:

1. On page 3, line 1 of the slip opinion [100 Cal.App.4th 977, advance report, 2d par., line 3], the word "Research" is deleted and replaced by the word "Recharge."

2. On page 4 of the slip opinion, the last sentence of the first full paragraph [100 Cal.App.4th 978, advance report, 1st par., last sentence] is modified to read as follows:

"Furthermore, the record before this court shows that the pump station would be only 1,800 square feet in size, would not be visible from the foreground of any residence near the Sanctuary, and would be about one-half mile from any vantage point."

This modification does not change the judgment.