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¥OLKER LAW OFFICES <br /> <br />PAGE <br /> <br />~u~i 11n9/o4 CERTIFIED FOR PUBLICATION <br /> IN TFIE COURT OF APPEAL OF THE STATE OF CALIFORNIA <br /> FIRST APPELLATE DISTRICT <br /> <br />DIVISION FOUR <br /> <br />SAVE OUR SUNOL, INC., <br /> Plaintiff and Appellant, <br /> <br />MISSION VALLEY ROCK COMPANY <br />et al., <br /> Defendants and Respondents. <br /> <br />COPY <br /> <br />A10.5150 <br /> <br />(Alameda County <br />Super. Ct. No. 2002050281) <br /> <br /> The voters of Alameda County (County) adopted an imtiative in November 2000 <br />amending the County general plma governing land uses. The initiative, known as <br />Measure D, was enacted to protect agriculture and open space. Among the initiative's <br />many amendments to the general plan was the added requirement that County approval of <br />new quarries outside an urban zone be sanctioned by the voters. Measure D exempts <br />from its application preexisting legal land uses and rights to development. At the time of <br />the initiative's adoption, a quamy project located in the County's rural Sunol Valley had <br />been under development for years, and the County had akeady'issued a surface mining <br />permit for the project. (Pub. Resources Code, § 2770, subd. (a).) Following passage of <br />Measure D, a Sunol Valley preservation group sued to enjoin tb.e quarry project under <br />Measure D. On cross-motions for summary judgment, the trial court found Measure D <br />inapplicable because the 5unol Valley quarry project had already received County <br />approval and was not a new quarry subject to voter approval. We agree that Measure D <br />is inapplicable to the previously permitted quarry, and affirm the judgment. <br /> <br /> <br />