Cal Supremes return treatment plant case to appellate court. (Zoning).(Brief Article)

A 2002 appellate court decision that subjected a proposed water treatment plant to local zoning and building ordinances appears to be on shaky ground.

The state Supreme Court had accepted for review the Sixth District Court of Appeal's ruling in Topsail Court Homeowners Association v. County of Santa Cruz (see CP&DR Legal Digest, April 2002). However, in late March, the state Supreme Court transferred the case back to the Sixth District, directing the appellate panel to reconsider the case in Jight of legislation approved last year.

That legislation, SB 1711 (Costa), was written in direct response to the Sixth District's ruling in Topsail. The Sixth District …