Vulcan Materials Lawyers Threaten Suit Against Azusa
Threatening letter available through public records act
On January 3, 2008, Vulcan Materials attorney, Joel D. Deutsch wrote a letter to Azusa City Attorney, Sonia R. Carvalho, Esq., threatening to take legal action against the city if they didn't negotiate to allow immediate mining of the western 80 acres of their property. Even though the conditional use permit with Azusa clearly allows mining only within the specified boundary, Vulcan Materials claimed the "right to mine (without conditions)" the entirety of their property:
"As you are aware, Vulcan has repeatedly asserted that it has a vested right to mine (without conditions) the western 80 acres of its 190 acre parcel (the "Property") located in the City of Azusa (the "City")."
Despite their recent claims that they have the right to mine all areas of their property, many of their own past documents indicate a right to mine only 190 out of their 270 total acres.
Being the beneficent neighbors they claim to be, they ended their letter with the following threat:
"If the City fails to timely reach a decision concerning Vulcan's rights to mine, Vulcan will be forced to bring a legal action seeking, among other things, a judicial declaration of its rights to mine the entirety of the Property including the western 80 acre site without conditions."
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