Growth cap proponents to plan to appeal Gamble’s ruling | RecordCourier.com

Growth cap proponents to plan to appeal Gamble’s ruling

by Regina Purcell, Staff Writer

Proponents of the Sustainable Growth Initiative will seek a supreme court order on the matter.

John Garvin of the Sustainable Growth Committee said the group has authorized its attorney, Patty Cafferata, to file a writ of mandamus, essentially an appeal, in order to meet the deadline to try and make the November ballot.

Supporters gained enough signatures of Carson Valley voters to put it on the ballot in order to limit growth in Carson Valley to 280 units per year.

Garvin said election ballots are printed around Sept. 17, and the writ is an “accelerated method” to get the court to review the decision to strike the initiative from the ballot.

Douglas County District Court Judge David Gamble ruled Aug. 20 the initiative must be removed from the ballot.

Gamble’s ruling stated the right to file an initiative does not extend to voters on zoning issues.

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“We feel this is too important an issue to let go of,” said Garvin. “We want the supreme court to rule on the whole constitutional rights of the initiative.”

Garvin said the committee wants a clarification on the merits of the initiative, which he said are guaranteed by the U.S. Constitution.

n Regina Purcell can be e-mailed at rpurcell@recordcourier.com