Tuesday, December 05, 2006

Calvert v. County of Yuma (Cal. Ct. App. - Dec. 5, 2006)

I can't believe that I slogged through the 36-page opinion in this case even after I read the following opening paragraph:

"This appeal involves the Surface Mining and Reclamation Act of 1975. (SMARA; Pub. Resources Code, § 2710 et seq.) Our principal conclusion is that if an entity claims a vested right pursuant to SMARA to conduct a surface mining operation that is subject to the diminishing asset doctrine, that claim must be determined in a public adjudicatory hearing that meets procedural due process requirements of reasonable notice and an opportunity to be heard. We give this conclusion limited retroactive effect. We shall affirm the judgment with certain modifications."

But I did. And my brain still hurts.

There's 30 minutes of my life I'll never get back.