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Tahoe Reg'l Planning Agency v. Terrace Land Co.

ELR Citation: 23 ELR 20502
Nos. No. CV-N-87-502-ECR, 808 F. Supp. 750/(D. Nev., 12/17/1992)

The court holds that developers who paid a fine for construction of a road without a permit in an environmentally sensitive parcel are entitled to a refund of the portion of the fine intended for restoration that did not need to be performed. The court holds that planting trees is not necessary to restore the property sufficiently to preserve Lake Tahoe's fragile environment. The developers' reseeding efforts, together with the passing of two years, has adequately stabilized the property. The court's original order specifically found that it was not necessary to restore the property to its original state. The court holds that because there was no deadline for the restoration project and the court is only now ready to determine that stabilization goals have been met, interest will not be added to the reimbursement. Finally, to hold the fine as a credit for restoration of the road after it has been used to remove dead trees is premature, because a permit has not been requested or granted, and the trees have not been excavated.

Counsel for Plaintiff
Louis R. Doescher
Heaton & Doescher
1175 Fairview Dr., Ste. D, P.O. Box 605, Carson City NV 89702
(702) 882-2164

Counsel for Defendants
Kim Hagerty
Kim Hagerty Law Offices
901 Tahoe Blvd., Incline Village NV 89451
(702) 831-1800