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COMMITTEE FOR REASONABLE REG. v. TAHOE REGIONAL

No. CVN020558ECRRAM.

365 F.Supp.2d 1146 (2005)

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

United States District Court, D. Nevada.

April 14, 2005.

Attorney(s) appearing for the Case

Mark H. Gunderson, Law Office of Mark H. Gunderson, Reno, Mark A. Teh and Ronald A. Zumbrun, Zumbrun Law Firm, Sacramento, CA, for Plaintiff.

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

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.

I. INTRODUCTION: FACTUAL AND PROCEDURAL BACKGROUND

This action arises from a challenge to Defendant Tahoe Regional Planning Agency's ("Defendant" or "TRPA") draft proposal and subsequent adoption of a new scenic review system (the "Scenic Review Ordinance" or "SRO"). The SRO represents TRPA's response to the increase in size and visibility of residential housing in the Lake Tahoe Basin...

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