Friends of Mammoth, Andrea M. Lawrence, Patricia Savage and Pat Eckart v. All Persons Interested in the Redevelopment Plan for the Mammoth Lakes Redevelopment Project Purportedly Adopted by Ordinance No. 97-08 on July 2, 1997 by the Town Co
Published: Mar. 13, 1999 | Result Date: Jul. 7, 1998 | Filing Date: Jan. 1, 1900 |Case number: 12334 Bench Verdict – $0
Judge
Court
Mono Superior
Attorneys
Plaintiff
Defendant
James C. Fedalen
(HFL Law Group LLP)
Stephen M. Place
(Inyo County Superior Court)
Facts
The Town of Mammoth Lakes (Mammoth) has grown from a population of about 390 in the 1960's to its present population of over 5,000. The Town incorporated in 1984. Much of the growth of Mammoth Lakes occurred without planning and coordination. Defendant Town believes much of Mammoth is now blighted as that term is defined in Community Redevelopment Law. The defendants therefore initiated the redevelopment process in order to alleviate the deterioration within the Town. The Mammoth Lakes Redevelopment Agency was formed in March 1992. The redevelopment planning process began in March of 1996, when the Town hired redevelopment consultants, developed a project area and announced its intentions to business and property owners. On June 18, 1997, the Redevelopment Agency adopted Resolution No. 97-07 and the Town Council adopted Resolution No. 97-35, both Resolutions approving the Redevelopment Plan and Redevelopment Plan Report and certifiying the Environmental Impact Report for the Redevelopment Process. On July 2, 1997, the Town Council adopted Ordinance No. 97-08 which adopted the Redevelopment Plan for the Project Area. On August 15, 1997. The plaintiffs filed a Complaint seeking a judicial determination of the validity of the defendant town of Mammoth Redevelopment Plan. The defendants answered and were joined by interested persons, Mammoth Mountain Ski Area, Mammoth Mountain Land Corporation, and Intrawest Mammoth Corporation, in defending the Redevelopment Plan. Citizens for Mammoth was granted leave to file a brief as amicus curiae.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement for $__________. The defendants made a C.C.P. º998 offer of compromise for $___________________ .
Damages
The plaintiffs sought a judicial determination of the validity of the Redevelopment Plan.
Other Information
The judgment was rendered approximately 11 months after the case was filed. A hearing was held on July 6-7, 1998, before the Hon. N. Edward Denton resulting in the judgment. The court disagreed with the plaintiffs' primary contentions finding that substantial evidence in the administrative record supported the findings and determinations made by Mammoth and that Mammoth proceeded in the manner required by law. The Court further found that Mammoth's methodology to study blight was adequate, there was substantial evidence in the Adminitrative Record to prove physical blight, economic blight and lack of infrastructure, urbanization, the Airport and Industrial Park were blighted and private enterprise could not alleviate the blight. The Court also found that there was substantial evidence in the Administrative Record to support that the Redevelopment Plan was economically sound and feasible, complied with the substantive requirements of the Community Redevelopment Law and consistent with the General Plan and º33352 of the Community Redevelopment Law.
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