280-home project rejected; endangered toad cited

The San Diego Union-Tribune ^ | April 4, 2003 | Dana Littlefield

[Willie Green]

For education and discussion only. Not for commercial use.

A federal appeals court has rejected a developer's plans to build a large housing development in inland North County because it would likely jeopardize a small, endangered toad.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia unanimously upheld a lower court's decision to dismiss the developer's lawsuit, saying Tuesday that the project would disturb critical habitat for the arroyo southwestern toad.

The developer, Rancho Viejo LLC, wants to build 280 homes on 202 unincorporated acres southeast of Interstate 15 and state Route 76.

The company began some preliminary work in May 2000, when it built a trench and a fence near the bank of Keys Creek.

The U.S. Fish and Wildlife Service determined that the project would prevent the toad from moving between an upland area and breeding grounds along the creek. The service argued that taking the lands would violate the federal Endangered Species Act.

The 2-to 3-inch toad was listed in 1994 as endangered. It lives in scattered populations from Monterey County to Baja California, Mexico.

The wildlife service proposed a plan that would have allowed Rancho Viejo to continue its project by excavating soil used for fill from land outside the area rather than from the toads' habitat. The developer did not accept the alternative.

Rancho Viejo sued Secretary of the Interior Gale Norton three months later, saying the federal government's application of the Endangered Species Act was unconstitutional under an interstate commerce clause.

Attorneys for both sides could not be reached for comment yesterday.

Jim Bartel, field supervisor of the U.S. Fish and Wildlife Service's Carlsbad office, said his office was not closely involved with the lawsuit, but added that it has continued to work on the project with the developer, the county and the U.S. Army Corps of Engineers.

Dana Littlefield: (760) 476-8233; dana.littlefield@uniontrib.com

[Libertarianize the GOP]

http://www.freerepublic.com/perl/bump-list

[Wright is right!]

I doubt that this fight is actually ABOUT the toad. This is the usual San Diego fight about limiting growth - what I call the "Last One In Syndrome." Everyone wants to be able to move TO San Diego, but once there, they all want to be "the last one in," making it impossible for OTHER people to move there.

The toad was merely a convenient whipping boy.

Michael

[Joe Hadenuf]

Willie I am not no tree hugger, but damn it, there is enough development in Cal. We don't need anymore houses or people.

Let them take it to Colorado or Oklahoma.......

[Joe Hadenuf]

You got it. And I don't blame them. There is enough development...Time to take it elsewhere.....

[mewzilla]

Toads are God's creature, too.

[tractorman]

Mr. Hawk, meet Mr. Toad.

[NetValue]

"A three-judge panel of the U.S. Court of Appeals for the District of Columbia unanimously upheld a lower court's decision to dismiss the developer's lawsuit, saying Tuesday that the project would disturb critical habitat for the arroyo southwestern toad."

Do the toads hold the deed to the property, or what? This sounds completely absurd.

[JimRed]

So someone gets hurt. It may be the development company but more likely the seller of the property, because contracts to purchase land for development are usually contingent on approvals.

The lesson learned is that if you want your property to retain its' value, quietly exterminate every animal and insect on it. Next, check for plants specific to wetland areas and replace them with cactus. Then check the drainage
and fill in every mud puddle that might make it a "wetland".

Finally, sell quickly, before some bug moves in!

[Redcloak]

The Arroyo Toad again?!? Those little pests are EVERYWHERE!

[GaltMeister]

"a small, endangered toad"

For a minute there, I thought they were referring to Tom Daschle.

[cajun-jack]

this is so ridiculous....how in the world do you count every toad in a given area (unless you are standing on the floor of the U.S. Senate)? I think the book of Genisis stated that God gave man dominion over all creatures great and small.....The U.S. Constitution guarantees everyone the right to own property.....how did we get to the point that a "toad" and "toad-like" politicians prevent someone from doing what they wish with their property that they worked and paid for. To tell someone they can't use their property as they see fit, but continue to tax the daylights out of them via property taxes is not only unconstitutional but absolutely ABSURD!!!!!!!

[coloradan]

There are too many Kalifornistan socialists in Colorado already. May I suggest Taxachussetts or Noo Yawk for some fine liberal living?

[Amerigomag]

there is enough development in Cal. We don't need anymore houses or people

It is absolutely imperative that productive Californians flee the metropolitan centers to provide an adequate number of ghettos for the unregulated immigrants that California's government has incouraged to move into the state.

If we do not continue to provide space for these immigrants they will simply stop comming, California will be forced to reduce taxes because we will no longer need to support or neighbor's poor and then where the hell will the state be.

[Joe Hadenuf]

There are too many Kalifornistan socialists in Colorado already. May I suggest Taxachussetts or Noo Yawk for some fine liberal living?

Those aren't Californians...LOL. Those are illegal aliens heading to Kolorado to help build those housing developments that we don't want......By the way, I hear the Denver Kolorado area is now over a million people....Hehehe...And one in eight are illegal.....Not to late to start a Cal style Prop 187.....Good luck..

[coloradan]

There may be many illegals coming from there to here, but many of the most destructive people here are white upper middle class liberals, who flee Kali for some reason, and then press for socialist legislation here. The movement to "close" the so-called gun show "loophole", which did pass by a 2 - 1 margin, was spearheaded by such a person. Boulder is full of such people. Elitist and condescending holier-than-thou socialists.

[Joe Hadenuf]

Oh those guys....Well they weren't from Cal to begin with....Just as Gray Davis and Boxer....Both from NY.....

[Joe Hadenuf]

but many of the most destructive people here are white upper middle class liberals, who flee Kali for some reason, and then press for socialist legislation here

Dang, the socialist are leaving Cal and going to Colorado? Thanks for the great news!