Posted on 05/14/2005 7:52:19 PM PDT by FairOpinion
RENO, Nev. - A judge has sided with conservationists trying to block construction of thousands of homes north of Lake Tahoe, saying a local development plan "builds in opportunities to create environmental mischief" and violates California law.
The judge ordered Placer County to suspend all activities under the 2003 Martis Valley Community Plan and set aside the environmental reviews used to approve plans for construction of at least 6,000 homes in the valley southeast of Truckee, Calif.
"Of particular concern is the impact which the project will have upon traffic and air quality impacts within the Tahoe Basin," California Superior Court Judge James Garbolino wrote in a ruling Thursday in Auburn, Calif. "One must not lose sight of the fragile nature of the area under discussion."
It is "a critically important area for wildlife, habitat and water resources," Garbolino wrote in his opinion.
Several environmental groups filed a lawsuit in January 2004 to overturn the community plan, arguing it failed to adequately analyze potential impacts on wildlife habitat, water resources, sewer capabilities, traffic congestion and air quality.
"This is a sweeping legal victory for anyone committed to a better future for the Tahoe-Truckee region," Tom Mooers, executive director of Sierra Watch, one of the plaintiffs in the lawsuit, said Friday in a telephone interview.
The town of Truckee, League to Save Lake Tahoe, Sierra Club, National Audubon Society, Sierra Nevada Alliance and Defenders of Wildlife are among others who have argued against the plan.
They say the area can handle only about 3,000 new homes; the Martis Valley blueprint would allow for up to 19,000.
The county and developers maintain zoning ordinances and other restrictions effectively limit construction to about 8,600 new homes, and that the environmental reviews adequately represent the potential impacts of development of that size.
But Garbolino said the zoning ordinances can be changed over time and that the potential impacts should be analyzed based on maximum development allowed under the community plan.
He said the county "left the door open to increases in both residential and commercial development" consistent with the community plan, but "beyond the scope of the development" described in the formal environmental impact review.
Placer County "respectfully disagrees with some of the legal and factual conclusions made by Judge Garbolino," said Rick Crabtree, a lawyer representing the county.
"The county believes that it engaged in an extensive good faith analysis to determine the likely impacts" of the plan, he said. He said the board won't discuss the possibility of an appeal before its next regular meeting May 24.
Mooers said conservationists have reached agreement with developers for construction of about 2,000 units in the area that would not harm the environment.
The conservation groups continue to oppose another 1,000 homes that the county had approved under the community plan. Another 2,000 or so units are envisioned as part of the community plan but not yet specifically proposed as formal projects; those will be frozen under the ruling.
Officials for developer DMB Highlands in Truckee did not immediately return telephone messages seeking comment. Ron Parr of DMB Highlands has said before his company had met the requirements of state and county law, and plans to leave 80 percent of the 2,177 acres in its natural vegetation.
Suggested alternate title: Sun rises in the east.
I predict that as more and more people move from California to Nevada, they will bring environmental lawyers and a flood of environmental lawsuits with them, much like sailing ships introduced rats with plague to Europe.
There is hope for eternal mankind.
I don't care. It's California. That's what they get for voting Democrat. They deserve it!
"Conservation", not to be comfused with "conservative" in the political sense.
The Truckee area is loaded with retirees from the bay area. I think some of this comes from them wanting to preserve their panoramic views. Once they build their house, they don't want anyone else to build in the area.
Schwarzenegger is as right wing as CA gets!
Oh, goody, let's stop all building everywhere. While we are at it, why don't we just dismantle our cities and give the space back to the wildlife, so it will all be silent, undisturbed by the evil humans (sarcasm)
And while we are at it, why don't those who are so opposed to humans lead the way by moving to Mars, so their breaths won't contribute to global warming and their existence won't interfere with the spotted ferret or something.
Deukmejian appointee,, 1984.
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Garbolino to leave spotlight to mayor wife
http://www.auburnjournal.com/articles/2004/12/29/news/top_stories/02garbolino.txt
By: Penne Usher, Journal Staff Writer
Wednesday, December 29, 2004 2:44 PM PST
Editor's Note: This is the fourth in a series of stories profiling Placer County Superior Court judges retiring after 20 or more years on the bench. Previous stories ran Dec. 22, 26 and 28.
ROSEVILLE - Placer County Superior Court Judge James Garbolino, who is known worldwide for his expertise in the field of international child abduction law, will step down from the bench after 20 years of service.
Fear not for the judge, he will have plenty to do as the husband of Roseville Mayor Gina Garbolino.
"I'll be keeping the home fires burning for the mayor," Garbolino said last week from his nearly empty office. "We are willingly having a role reversal. She deserves it."
He said when he began his career in law, he kept his eye on the prize -a judgeship.
"As a young lawyer I tried to conduct myself in such a manner that would not impede me to getting on the bench," he said.
"The stars aligned just right."
After completing his law degree in 1966 at the University San Francisco, the 61-year-old Roseville native worked as deputy attorney general in the Criminal Division for the Office of the California attorney general. That was in 1970. In the years since he has worked for Gov. Ronald Reagan, been a special prosecutor for Placer County criminal grand jury and had his own private legal practice.
He was appointed Superior Court Judge in Placer County in 1984 by then Gov. George Deukmejan.
He has received numerous accolades and awards throughout his career and written four books, most notably a guide to handling Hague Convention Cases.
"I had the first case on the West Coast," he said. "(Eventually) I became a person the State Department used as a negotiator."
As it pertains to child custody, the Hague Convention could be applied to secure the prompt return of children wrongfully removed across an international border without the consent of a parent who has custody rights.
Some who have worked with the judge admire his work ethics.
"He's awesome," said Tami Hinds, who has clerked for Garbolino for the past year-and-a-half. "He has always been very respectful of his staff, giving credit where credit is due."
Garbolino's family settled in Roseville nearly a century ago in 1906. His San Francisco roots - from his college days - are still evident, mainly in the fact that he is still a 49er football fan.
"Garbo" to his fellow judges, has been married for 38 years. He and Gina have raised two children who now have children of their own.
The family boasts four grandchildren ranging in age from two to eight and the pianist in Garbolino, who tickles the ivory of a 6-foot Grand Steinway, would like to instill his love of music in his grandchildren.
"It's important for me to have an influence on them," he said. "They need to appreciate music."
As long as their grandfather isn't traveling the globe lecturing on the Hague Convention, perhaps he could be persuaded to sit down for a duet of Heart and Soul.
I think if the town of Truckee is against the plan, the judge's ruling may have some merit. Townspeople would seem to know best what to do with their town.
WWJB,
If you get to chose your bit of nature, so do we.
We decided your present front. side and back yard is to be a sanitary land filled about 200 feet high and belching stink gas due to all the millions of sh!t filled Pampers it holds.
Well, thank YEW! :)
Enjoying Hillary!, are you?
I swear, I read this as Judge sides with "conservative", so I stopped to read it. It took a couple of seconds to realize my reading error. Then I said why am I wasting my time reading this? We don't even need judges to decide this. A clerk could just hand a xerox copy of the foregone conclusion to the capitalist pig property owners and save the time and salary of a liberal judge.
The judge says he is concerned about the impact on the impact. Where did this guy learn his English, off the walls of bathroom stalls?
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