Opinion
Page 343b
146 Cal.App.4th 343b __ Cal.Rptr.3d __ WILLIAM CALVERT et al., Plaintiffs and Appellants, v. COUNTY OF YUBA et al., Defendants and Respondents WESTERN AGGREGATES LLC, Real Party in Interest and Appellant. C047857 California Court of Appeal, Third District, Sacramento, January 3, 2007Super. Ct. No. 00CS01434
ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on December 5, 2006 (145 Cal.App.4th 613___; Cal.Rptr.3d___ )., be modified as follows:
In the fifth sentence of the first paragraph on page 27 [145 Cal.App.4th 630, advance report, 4th full par., line 10], beginning with the words “We prefer to steer a middle course,” insert the following at the end of the sentence:
“, or in which an administrative determination of SMARA-based vested rights, in the context presented here of diminishing asset surface mining, is yet to be made or has been made and is still subject to administrative or judicial review.”
so that the sentence reads:
“We prefer to steer a middle course of limited retroactivity here, making our decision apply to all cases, including the one before us, in which no final judgment on appeal has yet been rendered, or in which an administrative determination of SMARA-based vested rights, in the context presented here of diminishing asset surface mining, is yet to be made or has been made and is still subject to administrative or judicial review.”
There is no change in the judgment.