Politics & Government

Shamrock Will be Party in Lawsuit Against Dutra, Judge Says

Move viewed as a victory by opponents of asphalt plant

A judge has rejected a request from Shamrock Materials to be excluded from a lawsuit filed by community groups to stop an asphalt plant from being built across the river from Shollenberger Park.

On Thursday, Sonoma County Superior Court Judge Rene Chouteau rejected a request by the Petaluma concrete and building materials company, saying that it was a proper party in the ongoing suit against Dutra Materials filed in January. He added that Shamrock’s absence may interfere with the court’s ability to award complete relief in the action. 

In a , Shamrock argued that it had nothing to do with Dutra’s project and should be left out of the suit.

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San Rafael-based Dutra Materials wants to build a 37-acre plant at Haystack Landing that would produce 570,000 tons of asphalt and rock material, a project that was approved last December after five years of negotiations. Opponents argue that an asphalt plant does not belong in one of Petaluma's few outdoor recreational areas and is dangerous to both health and local tourism.

Dutra Materials has said the project would be a source of local aggregate and bring jobs.

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Opponents are viewing the ruling as a major victory and say that the project can't go through without Shamrock's participation since it requires the use of a dock located on their property to transport aggregate.

“It’s really quite simple," said David Keller, director of the Petaluma River Council. "Either Shamrock is refusing to be part of the Dutra project, in which case the Environmental Impact Report prepared for the project is entirely inaccurate and misleading; or else, Shamrock is willing to cooperate with Dutra and allow the project to be built on its wetlands, in which case Shamrock must be a party to the lawsuit.  Shamrock can’t have it both ways."


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