TRPA moves to dismiss Tahoe development case
April 10, 2013
The Tahoe Regional Planning Agency has moved to have a recently filed lawsuit challenging approval of its Regional Plan Update thrown out of court.
In federal court documents filed last week, TRPA attorneys argued the Sierra Club and Friends of the West Shore's challenge to the TRPA's wide-ranging land use plan should be dismissed because the environmental groups have refused to pay for production of the administrative record required to resolve the case. The TRPA's Rules of Procedure require plaintiffs to pay for the cost of the record, according to the filing.
The groups have refused to pay for the record because the TRPA's rule is unfair to cost recovery efforts, violates standard practice in federal courts for the government to pay for preparation of the record and TRPA rule usurps authority of the court to award costs to the prevailing party.
Preparation of the approximately 40,000-page administrative record in the case will cost between $45,000 and $60,000, according to an estimate by TRPA attorney John Marshall. The record includes transcription of some of the hundreds of public meetings over the Regional Plan Update during the past decade.
The refusal to pay will indefinitely delay prosecution of the case, according to the filing.