The city of Temecula earlier this week filed a motion with the court to rule that the county acted illegally in certifying an Environmental Impact Report for the controversial Liberty Quarry project.
City officials contend that once the Riverside County Board of Supervisors rejected the proposal to build a large quarry on the outskirts of town, the EIR for that project should not have been certified.
Granite Construction Company, which proposed the quarry, has since reduced the scope of its proposal in the hope of having some sort of mining project approved.
"This Motion for Judgment relates to the City’s first cause of action in the lawsuit which alleges that the County erred in an attempt to certify the EIR after they denied the Project," City Attorney Peter Thorson wrote in a news release.
"Specifically, the City argues that CEQA does not apply to disapproved projects and thus the County lacked the discretionary authority to certify the EIR.
"This motion provides an opportunity for the Court to find that, under the law, certification of the EIR was improper."
The city hopes the court will make a speedy judgment on the illegality of the certification, thus making it void.
Granite Construction, which is trying to bring the strip mining operation to Temecula, has since reduced the scope of its proposal in the hope that the county will allow the project to move forward.
Thorson added that should the court find for the county, the lawsuit filed by Temecula will move forward.