Monday, 01 March 2010 17:00

Sutter Creek City Council Face Ken Berry Lawsuit

sutter_creek_city_council_face_ken_berry_lawsuit.pngAmador County – Amador County resident Ken Berry filed a lawsuit in Amador County Superior Court February 2nd seeking to force Sutter Creek rewrite its Environmental Impact Report for the Gold Rush Ranch & Golf Resort. The suit asks the court to set aside certification of the EIR and order Sutter Creek to “comply with the requirements” of the California Environmental Quality Act. Berry said Monday that a settlement meeting is scheduled for March 15th, when the involved parties will meet. He expected City Manager Rob Duke and City Attorney Dennis Crabb to attend for the city. Berry was not sure if he expected to settle his lawsuit, but he was planning to write letters to the city and developers asking them about related environmental law. He said he planned to discuss that topic at the settlement meeting. Berry in the suit said his standing in the case is that he is a water customer of the city of Jackson, which is served by the Amador Water Agency. Gold Rush is also served by AWA, so the “project has an impact on long term water supplies and therefore directly affects” Berry, the suit says. Berry alleges the project’s subdivision, rezone and specific plan are not consistent with the city’s General Plan. He notes that the Gold Rush “Specific Plan does not include financing for major components of public and private transportation systems.” Berry alleges related amendments make the city’s General Plan “internally inconsistent.” The suit calls the project description “unstable and vague,” and says EIR analysis was inadequate in several areas. The suit contains 12 “causes of action,” including that the water supply assessment was inadequate. He said if he wins, then the Gold Rush EIR would be redrawn adequately. Berry said the litigation is not against Gold Rush but is instead against the EIR. He said if all of the requirements had been met, he would not have filed the suit. He filed the suit on his own behalf, with advice from a San Francisco attorney. Berry has filed suits against the AWA and Jackson, and said he has another settlement meeting March 16th regarding another lawsuit he has filed in Mendocino County. Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.