Land use lawsuit settle
February 19, 2003
East West Partners cleared its final hurdle to development of the Old Greenwood project last week with the settlement of a lawsuit with the Mountain Area Preservation Foundation.
As a result of the settlement, East West will contribute $500,000 to the Truckee Donner Land Trust. The land trust will also receive a quarter-point transfer fee from all future sales on the Old Greenwood community.
“We’re going to be able to do a lot of good things with this money,” said Perry Norris, executive director of the land trust. “Whatever project the land trust selects… we will have input from multiple partners.”
MAPF’s original lawsuit stated three causes of action – project compliance with the California Environmental Quality Act, inadequacy of Truckee’s general plan and the project’s compliance with the general plan.
The first cause of action was dropped by MAPF during the course of the lawsuit, and a judge dismissed the portion about the inadequacy of Truckee’s general plan because it hadn’t been filed within a certain amount of time, said Town Attorney Dennis Crabb.
During a hearing, Nevada County Superior Court Judge Carl Bryan encouraged the parties to settle.
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“At the conclusion of that hearing Judge Bryan said, ‘This is a very difficult case and I want the parties to go in the jury room and settle this,'” Crabb said.
They were given about a week and a half to settle, otherwise the judge would issue his decision, which was likely to go either way, Crabb said.
“This settlement represents a true ‘win-win’ for East West Partners, the Mountain Area Preservation Foundation, the town and the community,” Crabb said in a press release. “The project will proceed this summer as planned and Truckee will receive additional open space at no cost to local taxpayers.”
“MAPF is extremely pleased that these efforts will result in the preservation of a great deal of open space in Truckee,” said Rachel Hooper, lead counsel for MAPF.
Jim Porter, counsel for East West, said the settlement “expands upon East West’s previous commitment to protection of one of the things that makes Truckee such a special place to live, work and visit.”