Takhar v. California ex rel. Feather River Air Quality Management Dist.

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This appeal challenged the trial court’s denial of a special motion to strike pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,, directed at a cross-complaint asserting causes of action arising from a civil enforcement action brought by Feather River Air Quality Management District against Harmun Takhar for multiple violations of state and local air pollution laws. Specifically, this case involved dust. Takhar owned a piece of property in Yuba County. In June 2014, he began the process of converting that property from pasture land to an almond orchard. This process required the clearing, grading, and disking of the land in order to prepare the site for planting. The earthwork generated dust that was carried from Takhar’s property and deposited onto neighboring properties. These neighboring property owners complained to the District. District staff contacted Takhar, informed him the dust emissions were impacting neighboring properties causing a public nuisance, and requested he take reasonable precautions to prevent the dust from reaching the affected properties, such as waiting for the wind to change directions before engaging in earthwork. Violations were ultimately imposed, and an offer to settle the civil penalties was made. Takhar did not take the District up on its settlement offer and instead continued with his clearing activities. The District then brought a civil enforcement action against Takhar. The Court of Appeal concluded Takhar did not demonstrate he qualified for an exemption to the anti-SLAPP statute. The causes of action alleged in Takhar’s cross-complaint arose from protected petitioning activity and he did not establish a probability of prevailing on the merits of these claims. The Court therefore remanded the matter to the trial court with directions to grant the anti-SLAPP motion and dismiss the cross-complaint. View "Takhar v. California ex rel. Feather River Air Quality Management Dist." on Justia Law