Luciana backers sue county for 2nd time
Two suits in two weeks over golf course rejected by supervisors
By JILLIAN JONES
Register Staff Writer
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Lake Luciana developers hit Napa County with a second lawsuit Monday, this time in federal court.
Developers are asking for upwards of $9 million to recoup costs associated with the failed Lake Luciana championship golf course proposed for Pope Valley.
The Napa County Board of Supervisors rejected the proposal in June in a 3-2 vote, with supervisors Brad Wagenknecht, Diane Dillon and Keith Caldwell voting against it. Developers William Criswell and Robert Radovan, in their lawsuits, have singled out supervisors Dillon and Wagenknecht in their official as well as unofficial capacities.
Dillon and Wagenknecht, both slow-growth advocates, are up for re-election next year.
This is the second lawsuit filed by Criswell and Radovan against the county over Lake Luciana. The developers also sued the county in Napa County Superior Court last week.
Lawyers for the developers allege that the board arbitrarily denied Lake Luciana during a flawed process tainted with personal bias.
First, they charge that Dillon and Wagenknecht served on a political committee of the local Sierra Club, the golf course’s principal opponent. They then claim the supervisors should have disclosed the information and recused themselves from the vote.
Both Dillon and Wagenknecht say their roles on the Sierra Club committee were minimal and deny that the activity affected the outcome of their votes.
Further, lawyers claim that Wagenknecht blamed Luciana developers for former Planning Commissioner Jim King’s ouster earlier this year.
King admitted that he sought work from Criswell and Radovan on the separate Aetna Springs project, but was eventually turned down and never disclosed his negotiations with developers. In January, King was asked to resign from the planning commission just before the commission was scheduled to vote on Lake Luciana. King was a vocal opponent of the project.
King later accused Criswell and Radovan of seeking to have him removed from the planning commission, but developers deny their involvement.
In the lawsuit filed Monday, lawyers for developers contend that the board rejected their golf course as “retaliation against Luciana for responding to (the county’s) inquiries regarding Commissioner King’s unlawful quid pro quo proposal.”
They claim that Wagenknecht in particular was unfairly biased against Lake Luciana because of his close friendship with King.
“Supervisor Wagenknecht told Luciana that he blamed them for the events leading to Commissioner King’s resignation, and that he would therefore have a hard time supporting the Luciana project, even though Luciana never demanded that King be removed from office,” lawyers for Lake Luciana allege.
Wagenknecht has said that is a mischaracterization of his statement and that his friendship with King had nothing to do with his vote against Lake Luciana. He said the lawsuits against the county are designed as political ammunition.
“The types of things that they’re asking in there, that they’re accusing us of, are not legal issues necessarily,” Wagenknecht said. “They’re more political issues — who we work with in getting information from and who we’re friends with, those types of things. It also doesn’t look at the whole realm of where we get our information and who our friends are. It just looks at who they’re critical of.”
Wagenknecht adds that it is no coincidence that the developers are going after the two slow-growth supervisors up for re-election next year.
“All the focus of the lawsuits and the investigations have been directed at Diane and I, and there are three of us (who voted against Lake Luciana),” Wagenknecht said. “The two that happen to be up for re-election have been the focus of the attention, and the one that’s on the board for a few more years after this they haven’t focused on.”
Radovan denied that the lawsuits have anything to do with the coming elections.
“I think the lawsuits kind of speak for themselves,” Radovan said.
But Wagenknecht said developers are attempting to set the stage so they can get their project approved at a later date, even if they can’t push it through with a lawsuit.
“I don’t think this is going to go quietly in the night,” Wagenknecht said. “I think it’s going to march through next year’s election cycle. … After the election cycle, if they haven’t been successful in (unseating) either Diane or myself, then I can see them looking hard at the resources they have up there and trying to figure out something … that actually has a chance of passing.”
Wagenknecht added, “There potentially is a right project for the Pope Valley area.”
Radovan would not say whether developers intend to bring Lake Luciana back for another vote.
“It’s really hard to say,” he said.
In the meantime, Napa County Counsel Robert Westmeyer said Shute, Mihaly & Weinberger will represent the county in the lawsuit. The San Francisco-based firm defended Napa County years ago when it came under fire after voters approved the slow-growth Measure J. At a minimum, the lawsuit could cost Napa County between $200,000 and $400,000, he said.
He adds that the two lawsuits filed by Lake Luciana could wind up being consolidated into one.
“I don’t think it’s very likely that we’ll be litigating the same issues in state court while simultaneously litigating the issues in federal court,” Westmeyer said.
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Lane wrote on Sep 10, 2009 5:29 AM:
According to the March 12, 2009 minutes, the Dallas Police pension fund authorized the purchase of more lots and authorized the "Administrator to manage and sell the various properties at Lake Luciana and Aetna Springs".
So, is that on whose behalf there is a fight to put McMansions and an expensive golf course in Pope Valley? The Dallas Police Pension Fund? Are they funding these two lawsuits? "
Cadence wrote on Sep 10, 2009 6:58 AM:
These lawsuits' outcomes won't be determined by the sources of their funding. "
glenroy wrote on Sep 10, 2009 8:34 AM:
We have zoning regulations for the specific purpose of streamlining land use processes, while restricting uses to specific areas. It is the funnel effect and done properly use to be fairly efficient. When someone or group buys a piece of land and the current zoning laws allow their intended use, after they’ve meet the guidelines of basic plan and design they are entitled to do with that land what the zoning allows…that’s the whole point of land use zoning and that‘s why people invest in a specific zoned land.
Napa City and County went down the ‘use permit path’ and/or ’public hearings’ for nearly all allowed uses, primarily to generate fees…application fees, plan review fee, study this and study that fee etc which has turned into enormous cash cows costing hundreds of thousands for relatively small projects and millions for medium size, not counting land cost. When our government charges a fees and then turns around and denies that land owner an allowed use after it has met every zoning requirement….they SHOULD BE SUIED. "
locoallomi wrote on Sep 10, 2009 2:34 PM:
nhs67rules wrote on Sep 10, 2009 8:53 PM:
jmo wrote on Sep 10, 2009 9:37 PM:
It would be interesting to interview him on it.
IM just wondering??? "
Hope in Pope wrote on Sep 11, 2009 3:30 PM:
1976 wrote on Sep 11, 2009 3:47 PM:
wb5218 wrote on Sep 12, 2009 10:10 AM:
Whether you are for the golf course or not, a golf course is a legal use in the County according to the General Plan.
You can not like golf for what ever reason, but there are people who enjoy the recreation.
It won't go away.
Simply read the document. "
wb5218 wrote on Sep 12, 2009 10:12 AM:
Don't let
the sierra club political committee
decide Napa County policy! "
4466 wrote on Sep 12, 2009 10:46 AM:
wb5218 wrote on Sep 12, 2009 9:06 PM:
If you want to see greed?
Look to the County.
Could you imagine what the fees are to generate an EIR?
The County is costing you the money. Do you realize the lack of tax revenue from an allowed use by the General Plan?
Some have tried to label the owners/developers as greedy...and it disgusts me that more people have not called them on it.
Businesses are designed to make a profit...even WINERIES!
Do you consider wineries greedy for $400-$600 bottles? No they are cherished.
Is it greedy to charge $1200 a night to sleep in your beds? I'll bet it pays your decent to comfortable salary.
Greed? How about giving away extra/empty rooms to the homeless on cold nights at all the 5 Star hotels in the Valley. You could use your shuttle service to pick them up and reduce the greed!
Probably not going to happen, try to suggest that in your next meeting.
To me greed=selfishness and is defined by my few friends here in Pope Valley who want to pull up the draw bridge from the rest of the World! Or even just in Napa Valley!
There are just a very few neighbors that spoke against the future of a 18 hole golf course in PV, oh, and 2 activist groups and their political committee.
Would it be greedy for the activist groups to sue the County if the golf passed the vote? "
sharonden wrote on Sep 21, 2009 4:04 PM: