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An attorney for a no growth group submitted a 34 page letter with attachments to the county today effectively stalling the approval process of the Higgins Market Place.
Nevada County cannot lawfully act on the proposed shopping center with a Bel Air Market because it failed to comply with planning and zoning requirements enacted last year, said Keith Wagner, an attorney for South County Citizens for Smart Growth.
An appellate decision based on a Sierra County case last year changed the requirements of legal notices of public hearings for development projects.
Notices must be posted in local newspapers 10 days prior to a public hearing and must include planning commission recommendations.
“The notice that was published did not have that,” said Michael Jamison, deputy county counsel attorney. Instead Nevada County followed a statute that had been on the books since 1984.
A new hearing to consider the certification of the final environmental impact report, general plan amendment and rezoning of the project has been re-scheduled for August 18.
Nevada County cannot lawfully act on the proposed shopping center with a Bel Air Market because it failed to comply with planning and zoning requirements enacted last year, said Keith Wagner, an attorney for South County Citizens for Smart Growth.
An appellate decision based on a Sierra County case last year changed the requirements of legal notices of public hearings for development projects.
Notices must be posted in local newspapers 10 days prior to a public hearing and must include planning commission recommendations.
“The notice that was published did not have that,” said Michael Jamison, deputy county counsel attorney. Instead Nevada County followed a statute that had been on the books since 1984.
A new hearing to consider the certification of the final environmental impact report, general plan amendment and rezoning of the project has been re-scheduled for August 18.
