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Judge denies county's bid to halt mail facility closure

Yuba County's request for a temporary restraining order against closing the Olivehurst mail sorting facility was denied Monday in federal court, and the county's next move is uncertain.

Judge John A. Mendez issued the denial, and no hearing has been set to consider the matter further, according to an official with U.S. District Court in Sacramento.

According to a minute order issued with the denial, the court wasn't the proper venue for the county's request.

"Plaintiff is not likely to succeed on the merits because it failed to demonstrate that this Court has jurisdiction over Plaintiff's Complaint and that the Freedom of Information Act authorizes this Court to grant relief that Plaintiff seeks," the order reads.

The judgment did not describe where a more appropriate venue for the request would be.

County spokesman Russ Brown said he wasn't immediately aware what Yuba County's next move would be, though the county could either accept the decision or seek a way to contest it further.

"We understand everything was uphill against the tide on this," Brown said, though the county still feels the U.S. Postal Service hasn't addressed two issues, agricultural inspections and the failure to produce an environmental impact report when the county requested one under the Freedom of Information Act, which prompted the request.

Yuba County filed the injunction Friday after supervisors voted to move forward at a hastily called emergency meeting. An attorney for Yuba County did not return a call Monday for comment.

Board Chairwoman Mary Jane Griego said she was disappointed by the judge's decision, but the county won't stop pushing the issues raised.

"I'm sure we're going to take a look at maybe another venue to pursue this," she said.

About 120 workers at the Olivehurst facility will be transferred to other jobs as a result of the facility closing, with its operations moved to West Sacramento. Postal officials said the closure, which is set to begin this month, is necessary for the postal service to cut costs and stay afloat.

Gus Ruiz, a spokesman for the postal service, said Monday the closure is moving ahead as planned, with mail normally processed in Olivehurst instead being kept for processing in West Sacramento.

The entire closure process should be finished by late October, Ruiz said, adding all employees at the plant have been placed in jobs elsewhere.

Griego said she believed many of the workers will be forced to move up to 500 miles away for those jobs.

"That's quite a commute," she said.

Ruiz said the postal service won't have any problem complying with the request for an EIR.

"Certainly, we'll follow any environmental regulations that are required," he said. "We're moving forward, just as we always have been."

Brown said county officials believe an EIR would show an increase in air pollution from more postal shipments coming from West Sacramento rather than Olivehurst.

CONTACT Ben van der Meer at 749-4709 or bvandermeer@appealdemocrat.com.


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