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Tuesday, August 4, 2009

Citizen group's lawsuit challenges Truckee Railyard project



A view down the railroad tracks at the Railyard east of downtown Truckee. The Friends of Truckee filed a lawsuit against the project Friday.
A view down the railroad tracks at the Railyard east of downtown Truckee. The Friends of Truckee filed a lawsuit against the project Friday.ENLARGE
A view down the railroad tracks at the Railyard east of downtown Truckee. The Friends of Truckee filed a lawsuit against the project Friday.
Mike Thompson/Sierra Sun
TRUCKEE, Calif. — A group trying to stop a residential and commercial development at the Truckee Railyard surprised the property owner Friday by filing a lawsuit challenging the town council's recent approval.

The lawsuit, filed by a group called The Friends of Truckee, is based on the group's stated purpose of keeping the “natural, historical and cultural resources within and surrounding the Town of Truckee,” as well as “fostering community awareness” about the environmental and economic concerns with the new development.

The petition names Siobhan Smart and Bryan DeVoe as the plaintiffs.

Tim Taylor, attorney with Stoel Rives representing the Friends of Truckee, said the suit was filed with Nevada County Superior Court, but declined further comment.

Railyard owner Rick Holliday said they had given the Friends of Truckee an extension to the deadline for filing the suit, and had been making progress with the group after town council unanimously approved the development planned east of downtown in June.

“I was surprised to get sued on Friday, and disappointed,” Holliday said. “We're not sure what we can do at this point other than spend money on lawyers.”

Holliday said he thought they had made progress when Truckee resident Jamie Brimer brought both parties to the table in hopes of avoiding the suit.

“I saw division and animosity, and with a small town like ours, I didn't like what I saw,” Brimer said. “I offered to be a mediator to see if we could avoid a lawsuit.

“We made great headway on issues like the Trout Creek cleanup and I was extremely optimistic, but in the second meeting I could see the road realignment would be a stumbling block.”

In a previous interview, Smart said the Friends of Truckee had 1,000 supporters, who wished to remain anonymous for fear of reprisal.

Brimer said because the Railyard has become so contentious, that fear is real.

“Even after my very neutral comments on the night they approved the project, I heard things through the grapevine about possible reprisal,” Brimer said.

Attorney Jim Porter, representing the Railyard, dismissed the idea that fear was causing Railyard opposition to be anonymous, instead calling it “pure, selfish greed.”

Holliday said he remains committed to building the Railyard in Truckee.

Based on past experience, he said he hopes to be able to settle in less than a year.

“This might cost us six months to a year,” Holliday said. “We were going to start on site cleanup in the spring, and then in June start on roadwork and infrastructure. If we miss a building season that's too bad.”

Holliday said he is still hopeful the project will get stimulus funding to help with the redevelopment project in spite of the lawsuit.


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