Friends of Spring Street appeals court decision to resurrect Nevada City’s Kendall House
Nevada City officials are fighting an ongoing battle with a community group over their decision to allow the operation of a Bed and Breakfast in the residential zone of Nevada City.
Friends of Spring Street on Jan. 27 filed a notice of appeal to the Third District Court of Appeal after Nevada County Superior Court Judge Thomas Anderson affirmed a 2014 city council decision to grant owners Mollie Poe and Declan Hickey permission to reopen the Kendall House, located at 534 Spring St.
“Judge Anderson found in favor of the city on all counts, which we were very pleased with; we hope the trial court upholds that decision,” said Scott Browne, an attorney who represents the city in the suit.
Browne said the appeal is at an early stage and could take 18 months to wrap up. He doesn’t expect the parties to convene in court until the latter part of the proceedings.
The court case stems from a 2014 decision to approve a permit by Poe and Hickey to revive the Kendall House, an existing B&B in Nevada City that has been closed for more than 10 years.
B&Bs are prohibited in residential zones under the terms of Measure G, a voter initiative passed in 1994.
However, Measure B, which was approved by voters in 1984, had allowed the operation of B&Bs in residential areas. That measure was written into Nevada City’s zoning ordinance governing bed-and-breakfasts.
The treatment of existing B&Bs and their legal status became a point of contention because Measure G had not addressed existing B&Bs, according to a Superior Court ruling.
Friends of Spring Street, a group opposed to the opening of the bed and breakfast facility, challenged the city council decision by bringing it to court. But the court found in favor of the city, charging that Kendall House was still subject to its Conditional Use Permit under Measure B.
Michael Graf, an attorney who represents Friends of Spring Street, declined to comment on the case when reached by The Union.
To contact Staff Writer Teresa Yinmeng Liu, please call 530-477-4236, or email email@example.com
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