WINNEMUCCA — The court intervention sought by Jungo Land & Investments is in judicial limbo from an apparent document snafu.  A hearing for a temporary stay was put on the court calendar for Monday (April 26) but came off again because it's not clear who will be taking the case.

On Thursday (April 22) Jungo's legal representatives filed suit against the Humboldt County Board of Commissioners.  The suit included a request for judicial review of actions taken by the board on April 5 when they voted to reverse the decision to grant Jungo an extension on their conditional use permit.  The suit also included a request for a temporary stay going back (nunc pro tunc) to April 5.  If granted, the stay would freeze the CUP and extension to that date pending judicial review.

Both 6^thJudicial District Court judges were out of town at the time the suit was filed. Judge Michael Montero, who was originally assigned the case, indicated he would be recusing himself. Therefore, the hearing was put on Judge Richard Wagner's court calendar.

However, Montero did not file the recusal Monday morning as expected.  The case remained in his department, was taken off Wagner’s court calendar, and  was not immediately rescheduled.

Jungo Land & Investments applied for and received a CUP in April 2007 from the Regional Planning Commission in order to construct a class 1 landfill on Jungo Rd. In February 2010 they applied to the RPC for a 5-year extension to the CUP, which was granted. However, anti-landfill activists appealed the RPC's decision to the Humboldt County Commissioners, who ultimately reversed the decision. Jungo's original CUP expired on April 23, 2010.

The commissioners are being sued in their individual and official capacities. Jungo is seeking damages in excess of $10,000 and that includes, but is not limited to, attorney fees, cost and expenses related to the suit, and lost profits incurred by Jungo as a result of the alleged conduct of the commissioners.

Previously published: 
Humboldt County Commissioners revoke CUP extension