While researching this story comparing a referendum in Azusa of Vulcan Materials Co.’s new amended mining plan versus Rosemead residents earlier failed attempt to stop a Wal-Mart in the city, there were some other interesting parallels that I stumbled across.
Community groups filed lawsuits against the Wal-Mart projects’ environmental impact report for being incomplete, much like Duarte’s lawsuit against the Azusa Rock Quarry plan’s EIR, claiming it is insufficient.
A judge agreed that Wal-mart’s EIR was incomplete, but the ruling only stalled the project.
What I found most interesting was the Rosemead council came under fire for having an emergency vote to grant Wal-Mart a certificate of occupancy, something opponents said violated the Ralph M. Brown Act’s open meeting laws.
Azusa is facing similar claims after an urgency vote to reconsider the mining plan. The council had originally voted against it, but later voted to bring it back for a second vote at a council meeting without putting the item on the agenda. Duarte’s lawsuit includes alleging Azusa violated the Brown Act.
In Rosemead, the Los Angeles County District Attorney’s Office faulted the council, but did not demand corrective action because the Wal-Mart was already built and open.
Will Azusa’s council face the same fate? And, if so, what are the potential implications?