Douglas judge upholds Corley Ranch project
July 3, 2017
A legal challenge to last year's approval of a master plan amendment on the Corley Ranch has been rejected.
Douglas County District Judge Tod Young denied the petition for judicial review on June 26, according to Deputy District Attorney Zach Wadlé.
The petition was filed shortly after county commissioners approved the project located south of Pine Nut Road in Gardnerville on March 3, 2016.
Neighbor Doug Taylor challenged the approval through Carson City attorney Michael Matuska, arguing the project violated the language of the Douglas County master plan's Ruhenstroth community plan, which prohibited commercial and high density housing.
Taylor also argued county commissioners should not have heard the development application and the master plan amendment as a single agenda item and that the required time to hear the items had lapsed.
The county's attorneys countered that under Nevada law, the county only had to show commissioners decision was made based on substantial evidence.
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Attorneys cited the Nevada Supreme Court case, Comstock Residents Association v. Lyon County, where the high court ruled that commissioners decision was supported by substantial evidence, and not the decision to go against the master plan.
"The master plan of a community 'should not be viewed as a legislative straightjacket from which no leave can be taken,'" according to the county's brief.
Commissioners approved a master plan change to the 130-acre project. The approved specific plan included 136 cottage homes, 42 active living units, and 60 ranch homes
Thirty-five acres along Highway 395 where the main ranch house is located would remain. Access to the project would be from Pinenut Road.