Commission adopts master plan change
Thunder rolled and the lights flickered as Deputy District Attorney Tom Perkins prepared to inform the Douglas County Commission of an unsuccessful foray to the Nevada Supreme Court.
“That’s the Supreme Court talking,” he joked before explaining Thursday that requiring a super majority of county commission votes to approve master plan changes was ruled illegal.
The ruling, issued in July, requires the county to grant a master plan change for 30 acres of pasture land at the southwest corner of Highway 395 and Waterloo Lane. The county commission voted 3-2 in 1999 to grant the change, but the move was considered a rejection because the county was requiring a super majority, or four of five affirmative votes.
Developer Roger Falcke and Herbig Properties Ltd. appealed to the supreme court, arguing state law only requires a simple majority. The high court agreed.
The commissioners voted on the change after Perkins’ presentation and again came up with a 3-2 vote. Commissioners Jacques Etchegoyhen and Bernie Curtis, who originally opposed the change, dissented again. With the supreme court’s ruling, however, the change will be granted.
Falcke still must get the required zone changes and submit a plan for the project before any work can be done.
When the project was presented in 1999, the developers wanted to change 22.87 acres of the land from agricultural to community facilities, with the rest to become commercial.
A strip mall was proposed for the commercial area, and the developers suggested the rest could be used to expand Lampe Park.
It’s not known if the Lampe Park offer will stand.