Lawsuit filed over Measure Y |

Lawsuit filed over Measure Y

It took longer than expected, but the first Measure Y lawsuit finally made an appearance on Tuesday at the El Dorado County Board of Supervisors Meeting in Placerville.

Actually, the lawsuit was presented to the board in a closed-door session, and will be discussed and digested next week.

The suit, brought by a group calling itself Concerned Citizens of El Dorado County, is challenging certain legal provisions contained in Measure Y – the Control Traffic Congestion Initiative that was approved by voters in November.

Essentially, the suit contends that several of the measure’s provisions run contrary to state law. The suit was filed Jan. 29 in Superior Court.

“This was not unexpected,” said First District Supervisor Sam Bradley, who helped draft Measure Y. “We discussed it today in closed session, and we’ll be bringing in an outside attorney to look at it closely. But it would be premature at this point to speculate on what might happen, other than to say that it will be interesting.”

The suit seems to be the first salvo fired by pro-growth factions in the county who opposed Measure Y in November. Voters overwhelmingly approved the initiative, which provides that developers must financially account for road improvements which are caused by their projects.

Opponents contend that Measure Y would delay needed development such as the massive Missouri Flat Project, which will provide several retail stores in the area just west of Placerville.

“Measure Y has not been as odorous as its opponents predicted,” Bradley said. “I’m not certain what will happen here, but courts generally take a broad view of what initiatives do and what intent is.”

At its heart, the lawsuit is another skirmish between those factions who are concerned about runaway population growth and those who want fewer restrictions on development.

“I’m sure it’s going to be awhile until the dust settles on this,” said Fifth District Supervisor Dave Solaro, who was not in office during the contentious Measure Y campaign. “Hopefully, it won’t be long before we can get beyond this and move on with business.”

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