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COMMITTEE FOR REASONABLE REGULATION OF LAKE TAHOE v. TAHOE REG. PLAN. AGY.

No. CVN020558-ECR(RAM).

311 F.Supp.2d 972 (2004)

THE COMMITTEE FOR REASONABLE REGULATION OF LAKE TAHOE, a Nevada nonprofit corporation, Plaintiff, v. TAHOE REGIONAL PLANNING AGENCY, a public agency, Defendant.

United States District Court, D. Nevada.

March 29, 2004.

Attorney(s) appearing for the Case

Committee for Reasonable Regulation of Lake Tahoe: Mark H. Gunderson, Law Office of Mark H. Gunderson, Reno, NV, Mark A. Teh and Ronald A. Zumbrun, Zumbrun Law Firm, Sacramento, CA, for Plaintiff or Petitioner.

Tahoe Regional Planning Agency: Jordan C. Kahn and John L. Marshall, Tahoe Regional Planning Agency, Stateline, NV, Fran M. Layton and William J. White, Pro Hac Vice Firm, Shute Mihaly & Weinberger, San Francisco, CA, for Defendant or Respondent.

State of California: Christine A. Sproul, Pro Hac Vice Firm, Deputy Attorney General, State of California, Sacramento, CA, State of Nevada: William J. Frey, Nevada Attorney General's Office, Carson City, Pacific Legal Foundation: Gregory T. Broderick and R.S. Radford, Pro Hac Vice Firm, Pacific Legal Foundation, Sacramento, CA, Tahoe Lakefront Owner's Association: Daniel Maguire, Pro Hac Vice Firm, Davis, CA, Jeremy J. Nork, Hale Lane Peek, et al., Reno, NV, for Amicus Curiae.

ORDER

EDWARD C. REED, Jr., District Judge.

This action arises from a challenge to the Tahoe Regional Planning Agency's ("TRPA") draft proposal and subsequent adoption of a new scenic review system — the Scenic Review Ordinance — which seeks to regulate the size, color, appearance, visibility, and other aspects of residential housing on littoral and shoreland properties in the Lake Tahoe basin.1 The Scenic...

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