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Dutra opponents' lawsuit now claims violation of open meetings law

The proposed asphalt plant would be located on property between Highway 101 and the Petaluma River at bottom of photo.

Terry Hankins
Published: Thursday, February 17, 2011 at 3:00 a.m.
Last Modified: Thursday, February 17, 2011 at 9:43 p.m.

Opponents of the Dutra Materials asphalt plant have added a claim to their lawsuit against the recently approved Petaluma project, saying the state’s open meeting law was violated.

Sonoma County violated the Brown Act when officials decided no public comment was required during supervisors’ final vote on the plant last year, according to the lawsuit. New planning documents introduced days before the Dec. 14 hearing required officials to open the hearing to public comment, opponents said.

County officials said no public comment was required because a lengthy hearing on the project, including hours of public testimony, was held in October. That’s when the board tentatively endorsed the project.

The original lawsuit against the county, Dutra and its business partners was brought by the City of Petaluma and five environmental and community groups.

Petaluma is not a party in the open-meeting claim, a plaintiffs’ representative said.

No court date has been set in the case.

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