Thursday, July 06, 2006
High Court Favors Subdivsion With Timeshares In Scenic Meadow
The Nevada Supreme Court on Wednesday overturned a lower court judge's order against a subdivision with timeshares to be built on about 1,600 acres of scenic forest and meadow land in the Clear Creek Canyon area, south of Carson City.
The high court decision favored developer John Serpa and Douglas County, whose lawyers challenged a decision by Douglas County District Judge Dave Gamble. Gamble had held that the commission's approval of the timeshare project, on part of the old Schneider ranch, was arbitrary.
The Supreme Court ruling went against the Alpine View Estates Property Owners' Association, whose lawsuit led to Gamble's ruling.
Serpa has proposed developing 221 1-acre lots and 155 8,000-square-foot lots. The development would consist of 366 single-family homes, 18 timeshare or guest lodges and a private golf course.
Gamble said commissioners failed to make all the findings required to amend the Douglas County master plan. He also rejected the argument that the timeshare development had to be approved in order to obtain infrastructure needed to support the project.
The judge also said that if the project faltered, the developer could return and ask for another change, saying the approved project is still not feasible until more building sites are approved.
Justices added that information provided to commissioners proved that the timeshare project, "although not perfect, was worthy of the requested amendments and development approvals."
The high court decision favored developer John Serpa and Douglas County, whose lawyers challenged a decision by Douglas County District Judge Dave Gamble. Gamble had held that the commission's approval of the timeshare project, on part of the old Schneider ranch, was arbitrary.
The Supreme Court ruling went against the Alpine View Estates Property Owners' Association, whose lawsuit led to Gamble's ruling.
Serpa has proposed developing 221 1-acre lots and 155 8,000-square-foot lots. The development would consist of 366 single-family homes, 18 timeshare or guest lodges and a private golf course.
Gamble said commissioners failed to make all the findings required to amend the Douglas County master plan. He also rejected the argument that the timeshare development had to be approved in order to obtain infrastructure needed to support the project.
The judge also said that if the project faltered, the developer could return and ask for another change, saying the approved project is still not feasible until more building sites are approved.
Justices added that information provided to commissioners proved that the timeshare project, "although not perfect, was worthy of the requested amendments and development approvals."
# posted by John @ 4:57 AM 
