UPPER SOUTH EAST COMMUNITIES COALITION, INC - Environmental Preservation Group in Washoe County
Open Forum/Comments

May 22, 2015

LEGAL UPDATE
 
We have been very busy but wanted to give you all a quick update on what is going on.  As you know we filed our motion for a Preliminary Injunction on May 6th.  We had been told that our court date was going to be June 17th.  Our attorneys have worked hard to get that date moved up, so our new court date is June 3rd at 9:30 am at the Federal Court in Sacramento.  Members of the Coalition Board will be attending.
 
The June 3 hearing is just on our preliminary injunction motion.  At that hearing, the court will consider whether to tell RTC it has to stop construction until our case can be heard on the merits. It will likely take several months before our case can be heard on the merits because, before that happens, the United States has to prepare the administrative record, the parties have to submit briefs on the merits, and then the court holds a hearing.


So, we need to have the court issue the PI to get require RTC to stop any major construction work that may happen before we get to court.  Our legal team is working several different avenues to try and achieve this goal with the court. 
 

City Hearing

I am sure some of you may be as surprised as the City was to find out that RTC says that because of the signed inter-local agreements between RTC and Reno, Sparks and Washoe County, RTC has the "authority" to act as these entities and not require themselves to get permits.  That they (RTC) really only answer to the State legislature so the City really has no "authority" over them.  Also, you may be surprised to find out that RTC has not paid for grading permits for the last five major projects that they have done (Veterans Parkway, Geiger Grade Roundabout, Moana Widening and Airway Drive) and that they (the City) had estimated that they should have got, conservatively, about $400,000 just for the grading permit from the SEC for Pembroke south to South Meadows Parkway.  RTC says that the County did not require them to get a permit for Clean Water Way to Pembroke (so who knows how much the County lost for that revenue) and neither did Sparks for Phase 1.

So due to this inter-local agreement our appeal to the Hearing Officer did not find in our favor so we are appealing that to City Council.  If the City Staff seemed surprised to find out that RTC does not have to get permits if they don't want to, imagine what the City Council is going to think!

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