The Razor weighs in on the PZLDF case. According to the Tribune story, it's not known whether an appeal will be filed. The Rasor opines that Judge Crandall's ruling could ease the way for more "zones." I wrote some time ago, after the RWQCB's "stealth" state-wide septic tank update, "We're ALL Los Osos now." Indeed. And what makes that so fascinating is, according to Judge Crandall, a regulatory assertion (not evidence) now trumps constitutional presumption of innocence and/or even "evidence." Which is fascinating. Some of the ankle-chewers who are addicted to this blogsite, have always mistaken this case with "the sewer." It never was about sewering; it was always about legal rights, property rights, civil protections from regulatory abuse, and checks and balance in law and regulation. THAT was what was critical in this case. And if that goes unchallenged, the statement that we are all Los Osos now will become the standard under law. And that is deadly serious.
Sunday, 02 January 2011 17:49
Failed Citizens for Clean Water/PZLDF Suit Boosts ‘Prohibition Zones’ Statewide
The consequences of the flimsy suit that sought to repeal CDOs targeting a random group of Los Osos homeowners could ease the way for more "zones" prohibiting septic system discharge. The judge’s ruling calls into question the quality and substance of CCW/PZLDF’s case against the Regional Water Quality Control Board.
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Legal Analysis: PZLDF Suit a Colossal Disaster
On December 28, San Luis Obispo County Judge Charles S. Crandall issued his ruling of the Prohibition Zone Legal Defense Fund v. Regional Water Quality Control Board -- and it was bad news for the Gail McPherson-led group. The judge found that the Regional Water Quality Control Board provided sufficient evidence to validate the Cease and Desist orders (CDOs) that were delivered to 45 individuals in January 2006. The judge relied heavily on 14,000 pages of documentation provided by the Regional Water Board including Resolution 83-13, which prohibited septic tank discharges within the Los Osos Prohibition Zone. And what did the petitioners -- whose burden was to prove their case with the preponderance of evidence -- provide the court?
If you believe the judge, next to nothing.
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