SITE INFORMATION AND CORRESPONDENCE

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II • • 1 issuance of a writ by virtue of the fact that as a result of the 2 conduct of the respondents hereinabove mentioned, petitioners 3 suffer and continue to suffer irreparable injury, in that the 4 peaceful and quiet enjoyment and use of petitioners ' property has 5 been rendered impossible due to the unsightly and dangerous 6 condition of the ert adjacent property,7 p p y, as well as the contamination 7 ofetitioners ' own p property, and petitioners will continue to so 8 suffer until respondents perform their duty of removing the 9 contaminated soil and pieces of concrete , pipe, and other 10 equipment pursuant to issuance of this writ of mandate. 11 11 . At all times herein mentioned respondents have been able 12 to perform the duty mentioned . Notwithstanding such ability and 13 despite petitioners ' demand for the performance of the duty, 14 respondents continue to fail p (and refuse) to perform such duty, 15 12 . Petitioners have nolain, speedy,p p y, and adequate remedy in 16 the ordinary course of law other than the relief sought in this 17 petition, in that petitioners are not seeking monetary damages in 18 this action , but simply an order for the removal of the 19 contaminated soil, pipe, concrete, equipment and any other debris 20 lying upon or on the undeveloped vacant lot described above and 21 such can most expeditiously be obtained by a court of equity 22 pursuant to issuance of a writ of mandate. 23 WHEREFORE, petitioners pray: 24 1 . That the court issue an alternative writ of mandate 25 commanding the respondents to remove or cause. the removal of the 26 mounds of contaminated soil which were excavated and then left 27 abandoned and to also remove or cause the removal of the 28 concrete, pipe, and equipment 1 in9 upon the undeveloped property 5