Judge dismisses suit League filed against South Lake Tahoe
By Kathryn Reed
South Lake Tahoe essentially won its case in which the League to Save Lake Tahoe sued to try to stop the General Plan from being a legal working document.
U.S. District Court Judge Garland Burrell on Thursday dismissed the case that was filed last year after the City Council voted to approve the General Plan.
Carl Young, who is still acting director of the League, told Lake Tahoe News, “We are currently weighing our options.” He did not elaborate, only to say, “It could mean anything.”
South Lake Tahoe City Manager Tony O’Rourke told Lake Tahoe News, “I think it’s a sign of progress that the city can challenge these legal intrusions and continue to do the right thing. It’s not just declaring victory, but I hope it creates a constructive relationship with the League. We need to create partnerships and common ground.”
The League in its challenge had contended the General Plan did not match the Regional Plan of the Tahoe Regional Planning Agency. While that was true and known at the time of adoption, the city never intended to apply components of the General Plan that did not match TRPA’s rules. It is still anticipated when the Regional Plan is adopted (which could be in December) that then the two planning documents will mirror each other in ways that they don’t today.
“The League has failed to demonstrate that it is reasonably probable that [the city’s failure to submit the General Plan update to TRPA for approval] will threaten the League’s and its members’ concrete interests,” Burrell said.
O’Rourke went on to say the city is as interested in maintaining Lake Tahoe’s clarity as the League is, but economic vitality needs to be part of the discussion. He also said economics and the environment can go hand-in-hand and that it’s time everyone gets on the same page to make that a reality.