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Civica Law Guides Balanced Resolution: Firm Legal Action Meets Practical Solutions in Illegal Chino Cement Plant Case

Chino-Cement-Plant-Cover

Resolving Community Disruption with Legal Expertise

Civica Law, led by Partner Valerie Escalante Troesh, rose to the challenge in the City of Chino, addressing a complex and disruptive issue that began in October 2019. An illegal cement mixing plant, operating without authorization in a zone not zoned for such activity, became a focal point of nuisance. The plant’s operations, particularly disruptive during the 2020 COVID-19 work-from-home and learn-from-home period, not only disturbed the peace with around-the-clock noise, but also posed significant environmental risks by contaminating waterways and green spaces with hazardous substances.

Legal Action Amidst Resistance

The path to resolution was fraught with challenges. After initial attempts for resolution through citations and meetings proved ineffective, Civica Law took robust legal action, filing for Nuisance Abatement, Injunctive Relief, and addressing Unlawful Business Practices in October 2019. The responsible parties mounted a hard fight, employing numerous delay tactics to prolong the case and evade compliance. However, Civica Law’s unwavering commitment and strategic legal acumen led to the successful securing of an injunction, compelling the cessation of all nuisances and illegal business practices.

Civica Law Guides Balanced Resolution: Firm Legal Action Meets Practical Solutions in Illegal Chino Cement Plant Case

Before…

The situation required stringent enforcement measures. When the responsible parties continued to flout the injunction, Civica Law ensured the appointment of a receiver to enforce compliance rigorously. Civica Law ultimately obtained the landowner’s agreement to the receiver’s appointment but demonstrated flexibility and consideration by allowing the landowner time to remediate the property before the receiver would be forced to intervene.

Achieving Compliance and Securing Financial Restitution

This approach proved effective. By the end of 2021, the property was in full compliance and had been successfully remediated, reflecting Civica Law’s ability to balance firm legal action with practical solutions. Moreover, the firm’s commitment to justice extended beyond the immediate legal resolution. Civica Law successfully filed a motion to recover substantial enforcement costs for the City, ensuring that the City was made whole for its enforcement efforts, including staff costs, litigation fees, and other expenses. The responsible landowner is making payments as agreed, exemplifying Civica Law’s comprehensive approach to resolving complex legal challenges.

After…

Mccarty field after action

Legal Disclaimer:

This article provides an overview of Civica Law’s involvement in a specific case and is not intended as legal advice. For professional legal counsel or guidance, please contact a legal expert directly. Outcomes of legal matters can vary significantly based on specific factual and legal circumstances. Civica Law remains dedicated to providing robust legal solutions and upholding community standards and environmental integrity.

    About the Author

    • Civica Law

      With over 75 collective years of experience, Civica Law has helped cities and counties abate thousands of dangerous and substandard properties, improve housing conditions, and effectively deal with a wide range of quality-of-life issues, from homeless encampments to cannabis, drug, and gang dens to illegal gambling (or tap-tap) facilities, illegal business operations, human trafficking and massage, land use, and zoning, and virtually every other conceivable quality of life and safety issue a public agency may face.

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