WINNEMUCCA — The Humboldt County Commissioners have responded to the federal lawsuit launched last month by Jungo Land & Investments. The commissioners are being sued in their official and individual capacities.

Jungo launched the suit after the commission voted unanimously on April 5 to revoke the extension on the conditional use permit (CUP) needed by the company to develop a class 1 landfill on Jungo Rd. The commissioners took action after anti-landfill activists Robert Dolan and Massey Mayo appealed the decision of the Regional Planning Commission to extend Jungo’s CUP for five years.

The response to the lawsuit was what one would expect in a federal lawsuit; that is, denial from the commissioners that their actions were unlawful or improper.

The suit also invoked the immunity granted to government officials to shield them from lawsuits over actions taken during the course of business.

In response to allegations made by Jungo, the suit claimed Jungo did not have any legal cause for suing individual members of the board, that they had no protected property interest attached to the CUP, and that no contractual or special relationship existed between the board and Jungo Land & Investments.

The commissioners did acknowledge some basic facts. For example, they agreed Jungo Land & Investments informed the Landfill Committee that approximately 4,000 tons per day of waste would be brought by rail from California; that the waste would be brought by rail; that Union Pacific Railroad would require three years to complete engineering and construction to become operational.

The suit also acknowledges Jungo told the Landfill Committee the project was a $23 million investment and would employ 20-30 people.

Jungo is seeking judicial review of the actions taken by the commissioners, is seeking damages and financial compensation that stem from said actions, and is further asking the court to reinstate the decision made by the Regional Planning Commission to grant the company a five-year extension on the (CUP) necessary for Jungo to move forward with the project.

As to the damages, no exact dollar figure was given except to note it will be in excess of $10,000 and may include attorney fees and costs of bringing the suit.

The suit was filed in 6^th Judicial District Court by Jungo but was later moved to federal court at the request of the commissioners through their legal counsel.

The commissioners are seeking compensation for their legal defense.

Previous Posts on lawsuit: 

Jungo seeks immediate court intervention

District Court judges recuse themselves from landfill suits and appeals

Review of lawsuit against Humboldt County and Humboldt County Commissioners

Judge grants Jungo's temporary stay

Defendants move lawsuit against the county to federal court

Previous Posts on events leading to lawsuit: 

RPC extends landfill CUP for five years

Dolan appeals landfill extension to county commission

Commission revokes Jungo's CUP extension