John Sammon, LEGAL NEWSLINE
Two Sonoma County vintners received a judgment in favor of their proposed wine making operation when an appeal by the Sierra Club was turned back by the state’s 1st Appellate District Court of Appeals.
The court found in favor of the defendants Ronald and Ernest Ohlson, operators of the Ohlson Ranch, who applied for a permit to turn grazing land on their property into a grape vineyard. The Agricultural Commissioner of Sonoma County (commissioner) issued the permit after making a determination the issuance was a “ministerial” act, and therefore exempt from California Environmental Quality Act (CEQA) standards.
The commissioner’s decision was challenged by the Sierra Club, Friends of Gualala River and the Center for Biological Diversity, who asked for a writ of mandate, a court order to an agency or court to follow the law by correcting a previous action (issuing the permit).
Before the year 2000, grape growers in Sonoma County could plant vineyards without government review or permission.. Since then, new directives have been added, including submitting plans to address erosion controls, proper grading, drainage and other safeguards.
The Ohlsons filed an application in 2013 to turn 108 acres out of 132 acres of range land into a vineyard. The property included wetlands and marshy depressions but no trees or streams. Erosion was to be controlled by the use of anchoring grass, mulch, filter strips and cover crops.