Here’s a quick view of our status and efforts.
The effort to file a judicial petition has been abandoned and the deadline passed September 4. We worked hard to find a lawyer to represent our case – most had conflicts due to the fact that they represent the developers in one capacity or another. The attorneys that did take the time to review our case, before declining to act – felt that there was enough evidence to support the board’s decision and that it would be a waste of our money to take the case. The lawyers’ statements to Julia were – if the Commissioners had a plausible reason that the project was OK, then they were not being arbitrary and capricious (the standard). The Planning Commission and their county staff said it was OK, so they are probably in a defensible position even if the information was false, or inadequate. We are discussing what to do with the money in our Gofundme account for the legal effort.
A number of specific permits will be needed for the construction work to proceed. these can be individually challenged.
Julia Gold will begin efforts to explore other options to see if preserving part of the property – most likely the southern part that is adjacent to Forest Service land is possible as soon as she gets through a couple of her own work related deadlines. If anyone is interested in working with her on this endeavor – please let me know and I will get you in touch with her.
Ascente seems to be hard at work to advance their project. This week Lumos dug two trenches to investigate for faults: their initial work appears to be suspect. Kristin and another geologist are tracking their efforts.
Ken and Todd have met with a county engineer to understand the project schedule and identify when specific conditions are likely to be met and documented.
The formation of the PAC is proceeding, but the steps have been time consuming. Part of our current effort is to identify good candidates for our board from other parts of the county.
It was heard that Bob Lucey is saying phase two will never happen because will never get the approval which is very concerning since they may try and access more homes on phase two from phase one.I will send commissioner Lucey an email but I doubt he will respond.
Approval for the Thomas Creek Road.