Thursday, 20 November 2014 22:30

Court halts Dollar General

COURT HALTS CONSTRUCTION OF PINE GROVE DOLLAR GENERAL PROJECT

On November 14, 2014 Amador County Superior Court Judge Steven Hermanson ordered construction activities for the proposed Dollar General store in Pine Grove must stop immediately. 

On October 24, 2014 Amador County issued a building permit to property owner Del Rapini to begin construction of the project. Last week the Pine Grove Business Alliance, a group of Pine Grove residents and business owners, filed a legal action challenging that permit. The lawsuit asserts that the Dollar General store proposed for that location violates the County's zoning ordinance and General Plan, and that the County had failed to evaluate or mitigate environmental impacts from the project as required by CEQA -- the California Environmental Quality Act.

Today, with construction equipment already on the project site, the Alliance asked Judge Hermanson to issue an immediate stay to prevent construction of the project until the court can rule on the Alliance's claims. Over the County's objection, the court agreed a temporary stay should issue immediately to prevent construction. 

The County, Rapini, and Dollar General may file written objections to continuing the stay next week -- which the Court will consider at a hearing on Friday November 21st. 

"I'm very pleased with the court's ruling," said attorney Brett Jolley who represents the Alliance. "The order keeps the status quo and prevents the developer from building an unlawful project before the court has an opportunity to consider the parties' arguments. This is sound preventative maintenance."

Alliance member Debra Dunn added, "Kudos to our local justice system! Multiple attempts have been made since July to openly discuss this issue including with the Board of Supervisors. Litigation has been a last resort but this outcome provides hope that justice can still be found in Amador County. We are grateful to Judge Hermanson for being willing to take this first step in a lawful consideration of the Pine Grove Community on this Dollar General project."
Posted by TSPN TV