TRPA’s lakeshore rulings still under fire | TahoeDailyTribune.com

TRPA’s lakeshore rulings still under fire

Gregory Crofton

An Incline group has decided to continue its fight against scenic rules that regulate how homes are built along the shore of Lake Tahoe.

The Committee for the Reasonable Regulation of Lake Tahoe, founded in part by real estate broker Bob Wheeler, sued the Tahoe Regional Planning Agency over scenic ordinances it adopted in November of 2002.

U.S. District Court Judge Edward Reed Jr. dismissed the suit last month. His ruling, however, indicated that the committee could challenge the scenic rules for a second time if it provided more facts to substantiate its case.

The original lawsuit claimed the rules were too complicated, not backed with sufficient environmental analysis and constitute a taking of private property.

The core of the committee’s amended lawsuit will be the TRPA’s 2001 Threshold Evaluation Report, a study that indicated a dramatic decline in scenic quality along the shore.

“The judge said the (TRPA) Governing Board received the report and did nothing else at the meeting,” said Ron Zumbrun, a Sacramento attorney representing the committee. “We’ll be providing further evidence the board took action that can be challenged.”

If the judge determines the Governing Board took an action when it approved the report, it would “open up at least half the issues for our lawsuit,” Zumbrun said.

TRPA attorney John Marshall informed the agency’s Governing Board last week that he had received legal documents from Zumbrun that indicated the committee’s intention to continue to sue the TRPA.

Marshall told the Governing Board that things were in “kind of a wait and see” mode. Zumbrun has until the end this month to amend the lawsuit.

– Gregory Crofton can be reached at (530) 542-8045 or by e-mail at gcrofton@tahoedailytribune.com


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