HSRA Press Release
122210
Press Release
Press Release
COURT FINDS IN FAVOR OF
HSRA
County Failed to Prepare EIR for
McMorrow Subdivision
COURT FINDS IN FAVOR OF
HSRA
County Failed to Prepare EIR for
McMorrow Subdivision
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The Plumas County
Superior Court has determined that the failure of Plumas County to prepare an
Environmental Impact Report for the McMorrow Subdivision was negligent when
stream bank failure on Spanish Creek was a known risk. On December 13, 2010 a
final judgment on the McMorrow Subdivision was issued. The peremptory writ of
mandate requires preparation of a detailed engineering study of the stability of
the entrenchment bank of Spanish Creek within the subdivision, and adoption of
all mitigation measures identified before issuance of any building permits on
the property.
“Obviously, we are pleased the court agreed the County is obligated to investigate and mitigate the danger presented by stream bank failure before approving a project. We are disappointed; however, that so much public money had to be expended to convince the County to act upon its legal duty,” said Stevee Duber, project manager for HSRA. Despite being in possession of a study detailing the threat of stream bank failure before the subdivision was proposed, the County approved a project which would have located septic systems and allowed construction of homes directly on top of a stream bank with a high probability of failure. Throughout the approval process, and in keeping with the Plumas County General Plan, HSRA requested an engineering study be performed to determine how to minimize potential risk. The Court’s action finally enforces that requirement. "Had the engineering
study been done as required by the County’s General Plan, there would not have
been a lawsuit,” Duber continued. "But without legal action, a hazardous
situation, where homes and septic could end up in Spanish Creek, would have been
unnecessarily created. The engineering study is a small expense for the
developer compared to the risk involved and the waste of taxpayer money the
County has spent trying to sidestep its own land use laws.”
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