Nareau rejects state’s pleadings; CCC Writ of Mandate case will be heard in Lassen County
“Maybe we didn’t hit it out of the park, but we at least got on base.”
That was the assessment of one member of the public on his way out of the courtroom following a Monday, Aug. 23 hearing in Lassen Superior Court regarding the city of Susanville’s efforts to stop the closure of the California Correctional Center.
Following a series of rulings, Lassen Superior Court Judge Mark Nareau cleared the way for a 1 p.m. Oct. 9 hearing on the city’s Writ of Mandate seeking to stop the closure of CCC.
Nareau said he had read all the pleadings, declarations and reviewed all applicable cases before making his decisions.
He denied the state’s motions for a change of venue to Sacramento or to a neutral county because the harm done by closing CCC would be felt in Lassen County — making it the appropriate venue — rejecting arguments from the state attorneys that the government officials and agencies all “reside” in Sacramento County.
Nareau overruled five objections filed by the state attorneys regarding a declaration by Margaret Long, the city’s attorney, but he overruled and sustained a sixth objection in part because some parts of it may have been based on “rumor, gossip and innuendo.”
Nareau also overruled eight objections filed by state attorneys regarding a declaration by Dan Newton, the city of Susanville’s city administrator.
In granting a preliminary injunction in the case, Nareau said the court has to consider two elements — that the city could be injured by the closure of CCC and that the city’s was likely to succeed on its merits. He ordered a temporary restraining order blocking the California Department of Corrections and Rehabilitation from an effort to closes CCC.
He ordered the parties had 30 days to file a response in preparation for the Oct. 9 hearing on the city’s Writ of Mandate.