San Marcos
San Marcos city officials decided Tuesday night to appeal to the state Supreme Court a ruling by an appellate court that invalidated previously granted permits for the construction of a trash-to-energy plant.
The developer, North County Resource Recovery Associates, agreed to pick up the legal tab, which would run from $5,000 to $10,000.
Meanwhile, the developer said it will reapply for permits to build the $225-million trash-burning power plant, at the county’s landfill off Questhaven Road, and hoped that hearings could be concluded before summer’s end.
Richard Chase, the company’s managing director, said the appeal also was sought because the additional cost was minor compared to the several million dollars already spent in preparing the project.
The San Marcos City Council voted 4-1 to appeal the matter, agreeing with Chase that while the chances the court would overturn the appellate court were slim, it was worth the attempt.
The appellate court had ruled that since the city had not completed an environmental impact report when it amended the city’s general plan allowing the construction of the trash-to-energy plant, the subsequent special-use permits were invalid.
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