Judge tosses League to Save Lake Tahoe suit against city

A lawsuit by the League to Save Lake Tahoe against the City of South Lake Tahoe has been tossed by a U.S. District Court judge, officials announced today.
Here is a news release made available today by Nancy Kerry, Public Affairs and Communications Manager for the City of South Lake Tahoe:

U.S. DISTRICT COURT JUDGE BURRELL DISMISSES LAWSUIT FILED BY THE LEAGUE TO SAVE LAKE TAHOE

AGAINST THE CITY OF SOUTH LAKE TAHOE FOR ADOPTION OF ITS GENERAL PLAN

Judge Burrell dismissed the League to Save Lake Tahoe (League)’s lawsuit against the City of South Lake Tahoe in which it argued the adoption of the City’s General Plan Update (GPU) harmed the Leagues’ members and the environment, would cause exponential development on the South Shore and was in violation of the Tahoe Regional Planning Agency (TRPA)’s Compact because the City did not submit the GPU to TRPA for review.

Judge Burrell shot down the League’s arguments stating, “The League fails to demonstrate that it is ‘likely,’ as opposed to merely ‘speculative,’ that [an alleged] injury will be caused by adoption of the GPU. The Court goes on to state, “...the crux of the City’s [case], that is supported by the evidence, is that the League:
· “neither has suffered nor will suffer an injury in fact,
· “the General Plan Update by itself does not implement development,”
· “no development projects have been implemented to date pursuant to the GPU,” and
· “the City has not contemplated any development projects which conflict with the 1987 Regional Plan.”

The Court’s decision supports the authority of local government to develop a community vision, plan, and ideas for the future. The Court’s decision supported the City’s contention that adoption of its General Plan does not require review by the Tahoe Regional Planning Agency (TRPA) and does not cause, create, or harm the environment.
South Lake Tahoe Mayor Fortier expressed support for Judge Burrell’s decision in stating, “The basis of democracy has always been that people can plan their future and the City of South Lake Tahoe and its citizens did so by adopting one of the greenest and most environmentally sustainable General Plans in the state of California. We are grateful that the Court has allowed the City to move forward without interference toward our goal of rebuilding green to keep Tahoe blue.”

The Court’s decision affirms the General Plan Update is in fact a vision and plan for the future, which the community of South Lake Tahoe spent many hours and years working together to develop, to envision and to create. The Court found that the record supported the City’s contention that, the TRPA Compact, the General Plan Update, and the accompanying EIR “make abundantly clear” (emphasis added) that “no projects which violate 1987 Regional Plan or eventual Regional Plan Update can or will be implemented in the future.” Judge Burrell’s decision concluded, “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.”