C.A. 1st;
A149861

The First Appellate District granted a petition for writ of mandate. The court held that an air quality management district review board's refusal to take action following a tie vote constituted a decision approving the underlying district action and was thus subject to judicial review.

Grist Creek Aggregates, LLC applied for an “authority to construct” (ATC) permit to construct a plant to produce rubberized asphalt. The Mendocino County Air Quality Management District approved the application. Friends of Outlet Creek appealed that decision to the district's Hearing Board. The four members of the board who considered the appeal split evenly on their vote, and as a consequence, the board stated no further action would be taken, leaving the ATC permit in place. Friends filed a petition for writ of mandate to set aside the ATC. The hearing board demurred, arguing that its tie decision meant it failed to take action on Friends' appeal and this meant there was no final action for the trial court to review. Grist Creek also demurred, contending that the board's failure to take action constituted a decision upholding the ATC and arguing that Friends' challenges to that decision were without merit.