UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
June 19, 2009
LEAGUE TO SAVE LAKE TAHOE AND SIERRA CLUB, PLAINTIFFS,
TAHOE REGIONAL PLANNING AGENCY, DEFENDANT.
SHOREZONE PROPERTY OWNERS ASSOCIATION, INC., A NON-PROFIT NEVADA CORPORATION, AKA TAHOE LAKEFRONT OWNERS' ASSOCIATION, PLAINTIFF,
TAHOE REGIONAL PLANNING AGENCY, 27 DEFENDANT.
The opinion of the court was delivered by: Judge Hon. Lawrence K. Karlton
STIPULATION AND ORDER RE: STATE LANDS COMMISSION'S MOTION TO FILE AMICUS BRIEF ON ISSUE OF PUBLIC TRUST DOCTRINE
WHEREAS, on November 21, 2008, Plaintiffs League to Save Lake Tahoe and Sierra Club (jointly, "League") in Case No. 2:08-CV-02828-LKK-GGH sued the Tahoe Regional Planning Agency ("TRPA") over TRPA's adoption of amendments to its Shorezone Ordinances ("Ordinances").
WHEREAS, on December 19, 2008, Plaintiff Shorezone Property Owners Association ("Association") in Case No. 2:08-CV-03081-LKK-GGH also sued Defendant Tahoe Regional Planning Agency over its adoption of the Ordinances.
WHEREAS, on January 7, 2009, this Court deemed the Association's and League's respective suits related under its Local Rules and on April 7, 2009, this Court consolidated the League's and Association's suits.
WHEREAS, on May 22, 2009, the California State Lands Commission ("State Lands") filed a motion requesting permission to file an amicus curiae brief on the scope of the public trust doctrine and littoral property rights law because State Lands believes that the instant litigation involves legal questions concerning these issues as to which State Lands would want its views considered.
THEREFORE, IT IS HEREBY STIPULATED by and between the League, the Association, TRPA, and State Lands by and through their respective counsel of record who represent that they have been duly authorized to stipulate to the terms herein, that:
(1) State Lands may file an amicus curiae brief in the instant action on the issues raised in its Motion to File Amicus Curiae Brief filed with this Court on May 22, 2009.
(2) In light of the foregoing, State Lands' motion to file amicus curiae brief is taken off calendar.
IT IS SO STIPULATED.
GOOD CAUSE APPEARING, IT IS SO ORDERED:
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