WINNEMUCCA — The first courtroom hearing in Jungo Land & Investments v Humboldt County Board of Commissioners will be on Monday (April 26)  at 1:30 p.m. in 6th Judicial District Court.  The hearing came at the request of Jungo whose representative have filed an emergency ex parte motion for temporary stay pending judicial review of the case.

Jungo Land & Investments is attempting to construct a class 1 landfill on private property on Jungo Rd. In order to do so, they applied to the Regional Planning Commission for a conditional use permit (CUP), which was granted in 2007, and a five-year extension to the CUP, which was granted in February 2010.

However, anti-landfill activists appealed the extension decision and on April 5  the Humboldt County commissioners reversed the planning commission and revoked the CUP extension. The original CUP expired on April 23.    

Jungo is seeking judicial review of the actions of the commissioners that resulted in the loss of the CUP.  If ultimately successful in their suit, Jungo will have the CUP and extension restored.

Each commissioner is listed as a defendant in their individual and official capacities and damages, in the form of financial compensation, are being sought by Jungo.

The case was originally assigned to Judge Michael Montero, who has since recused himself. The case will now be presided over by the senior district court judge, Richard Wagner.

Both district court judges have been in Mesquite, Nev. this week for a judicial conference. The circumstances surrounding Montero's recusal are unknown, and the order of recusal will not be officially filed until Monday.

The suit filed Thursday in district court is a massive 1,300 page document that carefully outlines the actions taken by Jungo Land & Investments and the various government boards during the permitting process.

The suit is currently being reviewed by SPJ staff and additional details will be reported when the review is completed.

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