Ruling Clears Path for Use of Landfill

Dealing a neighborhood group a significant setback, a judge Friday cleared the way for garbage trucks to start depositing trash at controversial Sunshine Canyon Landfill on July 1.

Browning-Ferris Industries, owner of Sunshine Canyon, hailed the ruling, while the North Valley Coalition of Concerned Citizens said it would file a last-minute appeal.

Coalition lawyer Rosemary Woodlock said she would ask Los Angeles Superior Court Judge Diane Wayne Monday to reconsider and reinstate a ban on use of the road until Woodlock has had the chance to file the appeal.

“This isn’t over,” Woodlock said.

Browning-Ferris Industries said it had expected the favorable ruling.

“We didn’t think the lawsuit had any merit,” said Arnie Berghoff, director of governmental affairs for Browning-Ferris. “So we would have been surprised if the ruling had been against us. But we’re glad it’s behind us.”

Sunshine Canyon, which straddles the line between the city of Los Angeles and unincorporated Los Angeles County territory north of Granada Hills, has been the focus of political and legal battles dating back to the 1970s.

The city closed its portion of the dump in 1991, the same year the county granted approval for Browning-Ferris to open a landfill on the county side of the canyon.

After years of lawsuits and counter-suits, the city of Los Angeles and Browning-Ferris reached an agreement in December under which the city abandoned its opposition in return for the right to dump trash in the landfill.

Browning-Ferris hopes to reopen the city portion of Sunshine Canyon by December.

In response, the North Valley Coalition sued the city and Browning-Ferris, contending their agreement violated state planning and zoning laws, as well as the California Environmental Quality Act.

The coalition also argued that the city had overstepped its authority.

In response to the lawsuit, Superior Court Judge Robert O’Brien last month granted an injunction blocking grading, widening and paving the access road to prepare it for garbage truck traffic until the matter was resolved.

On Friday, however, Wayne ruled that the 1995 settlement violated no laws, and the city was not required to prepare a new environmental impact report based on the plan to use the road.

In her ruling, Wayne wrote: “The City may not be prevented from settling litigation when, as here, the settlement is consistent with planning and zoning laws and ordinances. Nor are there sufficient facts which show that the City was required to prepare an EIR or subsequent EIR.”

Finally, Wayne held that the city had not violated zoning laws when it allowed Browning-Ferris to use the access road.