Legalectric

… sigh… Totally ignores ALJ Recommendation after contested case hearing, setting up the issues that followed:

A new noise study not provided until AFTER the initial permit was granted, there was NO demonstration that they could comply, and what they provided after the first permit granted, and before the second decision, was NOT subject to a contested case. Earth to Mars, it’s “material issues of FACT,” not “issues” that must be demonstrated to get a contested case, and these are thousands of pages of facts not in evidence and not subject to contested case.

This is just so wrong, an application is NOT environmental review:

And this — how could issues and facts NOT part of the contested case have been addressed in the contested case?

New material issues of FACTS – FACTS not in existence for initial contested case, FACTS not provided until AFTER the initial permit was granted. “…relator therefore alleges no new material facts beyond those raised at the first contested-case hearing.” WHAT?!?!

How’s this for new material FACT beyond those raised at the first contested-case hearing:

How many hundred pages of NEW material FACTS? All this was part of PUC record, AFTER the first permit was issued. All this was included as new material issues of fact in our request for a second contested case. All this was included in appeal. Yet:

“As to these issues, relator therefore alleges no new material facts beyond those raised at the first contested-case hearing.”

My head is going to explode. Such deceptive word games, summarized with a demonstrably false statement.