WINNEMUCCA — The Humboldt County Commissioners have filed a notice of appeal with the 9^th Circuit Court of Appeals.

The commissioners are appealing the December 2011 decision of the US District Court for the State of Nevada to reverse the decision made by the commissioners in 2010 to  revoke the CUP extension granted to Jungo Land & Investments.

Because the first document to be filed was  the notice of appeal, the issues that will be raised on appeal by legal representatives for the commissioners have not yet been filed.

The first step in the appeals process will be mediation to determine if the matter can be settled.

The legal dispute concerns the construction of a class 1 landfill on Jungo Road by Jungo Land & Investments.  Jungo received a conditional use permit in 2007 for the construction of the landfill; in 2010 representatives of the company sought and were granted an extension to the CUP by the Regional Planning Commission.

A local resident appealed the decision of the RPC to the Humboldt County Commissioners, who held a hearing following which the CUP extension was revoked.

Counsel for Jungo argued the citizen who appealed lacked standing to appeal and therefore the commissioners acted outside of their jurisdiction in hearing the appeal and revoking the extension.

The District Court agreed, reversed the decision of the commissioners, and restored the CUP extension to Jungo.

Previous Posts:

Jungo prevails in federal lawsuit 

Jungo seeks to recoup attorney fees and cost of lawsuit 

Review of lawsuit against Humboldt County and the Humboldt County Board of Commissioners

Jungo seeks immediate court intervention

Humboldt County Commission revokes Jungo Land & Investment’s CUP extension