Opinion
S251709
08-27-2020
PROTECTING OUR WATER & ENVIRONMENTAL RESOURCES v. COUNTY OF STANISLAUS
F073634 Fifth Appellate District
Opinion filed
The Court of Appeal holding that all permit issuances under Chapter 9.36 of the Stanislaus County Code are discretionary is reversed. Plaintiffs are not entitled to a judicial declaration to that effect nor to an injunction requiring County to treat all such permit issuances as discretionary.
However, plaintiffs are entitled to a declaration that County's blanket ministerial categorization is unlawful. The Court of Appeal holding that plaintiffs were entitled to such relief is affirmed. The matter is remanded to the Court of Appeal for it to evaluate the questions it declined to answer and to reassess plaintiffs' entitlement to relief.
Majority Opinion by Corrigan, J.
-- joined by Cantil-Sakauye, C. J., Chin, Liu, Cuéllar, Kruger, and Groban, JJ.