Johnston v. Sonoma County Dist.
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Filed 8/22/02 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE JOHN R. JOHNSTON, Plaintiff and Appellant, v. SONOMA COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE DISTRICT et al., Defendants and Respondents; CITY OF SANTA ROSA et al., A097121 (Sonoma County Super. Ct. No. 227130) ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] Real Parties in Interest and Respondents. THE COURT: It is ordered that the opinion filed herein on July 31, 2002 be modified as follows: 1. On page 3, line 1 of the slip opinion, the word Research is deleted and replaced by the word Recharge. 2. On page 4 of the slip opinion, the last sentence of the first full paragraph is modified to read as follows: Furthermore, the record before this court shows that the pump station would be only 1,800 square feet in size, would not be visible from the foreground of any residence near the Sanctuary, and would be about one-half mile from any vantage point. This modification does not change the judgment. _____________________________ Marchiano, P.J. Trial Court: Sonoma County Superior Court Trial Judge: Honorable Lawrence G. Antolini Counsel for Plaintiff and Appellant (John R. Johnston): Shute, Mihaly & Weinberger Rachel B. Hooper Robert S. Perlmutter Brian J. Johnson Moscone, Emblidge & Quadra G. Scott Emblidge Robert D. Sanford Counsel for Defendants and Respondents (Sonoma County Agricultural Preservation and Open Space District and Board of Directors of SCAPOSD): Steven M. Woodside, County Counsel Sue A. Gallagher, Deputy County Counsel County of Sonoma Counsel for Real Party in Interest and Respondent (City of Santa Rosa): Brien J. Farrell, City Attorney Patrick C. Wilson, Assistant City Attorney City of Santa Rosa Counsel for Real Parties in Interest (National Audubon Society and Madrone Audubon Society): Law Office of J. William Yeates J. William Yeates Mary U. Akens Keith G. Wagner Counsel for Amici Curiae (Defense of Place, Friends of the Russian River, Northern California River Watch, and Town Hall Coalition in support of Appellant): Daniel P. Selmi Johnston v. Sonoma County Agricultural Preservation & Open Space District et al., A097121 2
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