Friday, October 12, 2012

League To Save Lake Tahoe v. Tahoe Regional Planning Agency

Oct 12: In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-17318. Appealed from the United States District Court for the District of Nevada. In this unpublished opinion, the League to Save Lake Tahoe (the League) appealed from the district court's summary judgment upholding the regulatory approvals issued by the Tahoe Regional Planning Agency (TRPA or the agency) for the Sierra Colina Village housing project. The Appeals Court determined that it had jurisdiction and vacated the district court judgment.
    The Appeals Court said, "Contrary to TRPA's assertion, the League has standing to sue on its members' behalf." The Appeals Court ruled, "Because substantial evidence does not support two mandatory TRPA findings, we must vacate the district court judgment. We, however, recognize that the League's challenges as described on appeal are much more detailed than the
objections made before TRPA in the first instance, and that TRPA must be afforded the opportunity to reexamine the objections and enter new findings. We remand to the district court with instructions to vacate TRPA's approval of the land coverage transfer for LPF 3 [linear public facility, i.e. shared public access roadway] and remand the matter back to the agency for further proceedings consistent with this disposition. We need not, and do not, reach any other issue urged by the parties."
    Access the complete opinion (click here). [#Land, #CA9]
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