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February 11, 2014 > Milpitas will appeal lower court decision

Milpitas will appeal lower court decision

Submitted By Rachelle Currie

The City Council for the City of Milpitas has directed that an appeal be filed challenging a Superior Court JudgeÕs decision in the case of City of Milpitas v. City of San Jose. The case is about the expansion of the Newby Island landfill to allow the height of the landfill to nearly double. Milpitas claimed San Jose conducted insufficient environmental analysis to allow this expansion and filed suit on that ground. The Court decided in San JoseÕs favor, ruling that Milpitas did not exhaust its administrative remedies and was incorrect in claiming that existing uses cannot be moved without further environmental review.

The City of Milpitas takes the position that the Superior Court decision is clearly incorrect and not supported by law or the Court record. Milpitas made every effort to advise San Jose of the basis of its claims and was scrupulous in exhausting its remedies. Further, contrary to case law, the Court incorrectly ruled that existing uses at the landfill could be moved without environmental analysis. Finally, the Court failed to recognize that the environmental analysis was inadequate with regard to odor problems caused by the landfill.

ÒWe are very surprised by the CourtÕs decision,Ó said City Attorney Michael Ogaz, Òparticularly by the lack of thoughtful consideration of the impacts this project will have on the citizens of Milpitas. We believe the decision is clearly erroneous and the City will appeal to have the errors corrected.Ó

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