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California developer prevails in commercial real estate litigation

Far north of San Diego sits the modest town of Truckee, California. Perhaps most well-known as the site of the infamous Donner Party, Truckee is now popular for its Old West-style downtown and proximity to Lake Tahoe and world-class skiing.

The town of about 16,000 residents has in recent days celebrated a victory in litigation over development of a Raley’s grocery store. A Nevada County judge recently ruled in favor of Truckee and the developer in a lawsuit filed by Protect CEQA (an organization devoted to upholding California's Environmental Quality Act) and a local business owner.

The owner of Cobona’s – a retail fashion and home décor store – said she might appeal the decision, but hopes to work with developer IMA Ventures to mitigate problems some residents have with the project. Plaintiffs had argued that the development included no plans for affordable housing in the project and that a more complete Environmental Impact Report was needed.

The court disagreed, however, ruling that an Environmental Impact Review completed in 2015 – which apparently included the development of the store – was sufficient because there had been no substantial changes to the development plans since then.

The court also determined that the housing units included in the development are consistent with Truckee’s development code.

It should be noted that the development is to include a 40,000 square-foot grocery store with an attached commercial building (12,000 square feet) and a separate commercial building (9,250 square-feet). After the initial construction, there will be construction adding 33,000 square-feet of commercial space and a 150-unit apartment building.

Construction is scheduled to begin in about three months, a news article stated.

Similar growth, housing and density issues arise on a regular basis here in San Diego. These matters require the services of a law firm experienced in litigation involving real estate, construction and business.

 

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