Legal Question in Appeals and Writs in California

Is there an Appeal for this?

The City of Ridgecrest was recently

fined by the California Integrated

Waste Management Board for

$47,580 for non-compliance with a

State statute which requires that

cities recycle 50 percent of waste

generated as well as maintain a

recycling plan. The City has been

wronged in this matter. Is there a

Grand Jury that has jurisdiction

here? We feel that this is a

political/economic shakedown and

that the Board has greviously over-

reached. Our County Grand Jury

lacks jurisdiction here. What do we

do when a State Board acts

indiscriminately and maliciously? We

cannot afford a legal appeal and are

threatened by a million dollar fine if

we delay or complain? This isolated

High Desert community is an island

of ''red'' in an ocean of ''blue''. Any

advice? I am not a City official.


Asked on 3/25/09, 11:04 pm

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Is there an Appeal for this?

It is the job of your City officials to consult with an attorney to see what the best method of attacking the fine is. It is not a criminal matter so a Grand Jury could investigate and recommend a course of action to the City, but it could not do anything about the fine. There are always administrative appeals available for any governmental entities decision. But you state nothing that shows the fine was not deserved, only tha other coties have gotten away with the same violation. That ils a very weak legal argument. Using an attorney to fight the matter will probably cost close to the amount of the fine.

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Answered on 3/26/09, 1:09 pm
Terry A. Nelson Nelson & Lawless

Re: Is there an Appeal for this?

The city has an attorney and remedies and appeals to pursue, you do not have any say in it, other than voting or recall.

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Answered on 3/26/09, 1:18 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Is there an Appeal for this?

The city can petition its local state court for a writ of administrative mandamus or other relief. There may be little point in doing this, since nothing you have written suggests that the fine was improper. If your city has failed to comply with the statute then it probably deserves the fine. I'm afraid your opinion that it is merely "a political/economic shakedown" doesn't matter.

As a private citizen, you have no standing to bring any challenge to the fine. Only the city can do that.

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Answered on 3/26/09, 3:16 pm


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