Dust Pollution Lawsuit Deemed Litigation-Worthy in Court

This week the lawsuit Mesa Community Alliance (“MCA”) filed against State Parks Off-Highway Division and the County of San Luis Obispo was deemed litigation-worthy in Superior Court this week.

The lawsuit was filed to compel State Parks Off-Highway Division to address what MCA says is dangerous dust pollution that is a direct result of its operation of the OHV park.

The County was sued as the owner of the LaGrande Tract within the park.

The Nipomo community is fighting to see changes to what they say is dust pollution coming from the dunes.

Arlene Versaw, member of the Mesa Community Alliance, said, “It’s an acknowledgement we have a problem. For a long time it’s been ignored and people have acted like it’s going to go away for it’s not a real problem.”

San Luis Obispo County attorney Timothy McNulty, said the county shouldn’t be liable for what’s going on.

McNulty said, “The court has rejected the county and state parks demur, but the court made no determination regarding factual allegations of the lawsuit.”