Alpine County may be facing a lawsuit after supervisors voted 3-1 on Tuesday in favor of a lesser environmental study over a more detailed one on a proposed time-share resort in Markleeville.

"They broke the law," said Nancy Thornburg, representing the group Friends of Markleeville, which is considering suing the county.

Members of Friends of Markleeville hired a lawyer who said in a letter, given to supervisors prior to Tuesday's meeting, that she thought the more extensive environmental report was necessary.

Recommendations for the environmental report made by the Alpine County Planning Commission and the board of supervisor's advisory committee in November had been ignored, the attorney said.

"... opinions of agency staff and planning commissioners qualify as substantial evidence sufficient to trigger an (environmental report)," said Susan Brandt-Hawley of the Brandt-Hawley Law Group in Glen Ellen, Calif. in the letter.

Brandt-Hawley also said that an environmental study had not been conducted since the project was reduced.

At the Dec. 7 board of supervisors meeting, developer Tom Abdoo of the corporation Markleeville U.S.A. announced that the project, Markleeville Village/Mahalee Lodge was down-sized. Now it is to include 49 fractionally-owned cabins instead of the original 70. Lodge rooms were reduced from 43 to 25 and plans for a restaurant were scrapped.

Alpine County supervisor and vice chairman Donald Jardine, the only supervisor who supports the more detailed environmental report, said his vote reflected his desire to support the community.

"I think you need to represent your community and do the right thing," said Jardine. "Everyone could walk away with a real good project with an environmental document."

County counsel and the other three supervisors held a different view.

"I can't say, based on the attorney's letter that the board is required to recommend an EIR," said Alpine County Counsel Dennis Crabb.

Public Works Director Leonard Turnbeaugh advised the board that their decision on the environmental study did not determine whether or not the project will go through.

"They can't do anything if they can't meet (Lahontan Water Quality Control Board's standards). There's no project. If they can't meet Caltrans' standards it's the same thing. It's not up to us to decide," said Turnbeaugh.

"After seeing significant changes and revised mitigation measures ... I know there are still a lot of issues, but those will be dealt with," said board chair Terry Woodrow.

Supervisor Chris Gansberg made the motion to accept the lesser environmental study on the project, and supervisor Herman Zellmer seconded it. Gansberg, Zellmer and Woodrow voted in favor, leaving Jardine as the sole "no" vote.

"I think it needs more study," said Jardine.

Friends of Markleeville member Nancy Thornburg said the group will meet on Dec. 28 to discuss whether to proceed with legal action.

"This is precedent setting for other developments on the books," she said. "The law requires an EIR."

Crabb said project proponent Abdoo has agreed to pay for any defense if a suit is brought against the county.

"The county will not accept any liability in that circumstance," he said.



-- Jo Rafferty can be reached at jrafferty@recordcourier.com or 782-5121, ext. 213.