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Sierra Club and Friends of the West Shore v. Tahoe Regional Planning Agency

July 12, 2012

SIERRA CLUB AND FRIENDS OF THE WEST SHORE, PLAINTIFFS,
v.
TAHOE REGIONAL PLANNING AGENCY, COUNTY OF PLACER, AND BOARD OF SUPERVISORS OF THE COURT OF PLACER,
DEFENDANTS.
HOMEWOOD VILLAGE RESORTS, LLC AND JMA VENTURES, LLC,
DEFENDANTS AND REAL PARTIES IN INTEREST.



The opinion of the court was delivered by: Judge: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER WITHDRAWING PLAINTIFFS' MOTION TO EXCLUDE EXTRA-RECORD EVIDENCE FROM TAHOE REGIONAL PLANNING AGENCY'S ADMINISTRATIVE RECORD AND SETTING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT Date: July 30, 2012 Time: 2:00 p.m. Place: Courtroom 5

Pursuant to L.R. Civ. 143 and 144, this Stipulation is entered into by and between 2 Plaintiffs Sierra Club and Friends of the West Shore; Defendant Tahoe Regional Planning Agency 3 ("TRPA"); Defendants County of Placer and Board of Supervisors of the County of Placer 4 (collectively "County"); and Defendants and Real Parties in Interest Homewood Village Resorts, 5 LLC and JMA Ventures, LLC (collectively "Homewood"): 6

WHEREAS, on April 6, 2012, the County lodged its Administrative Record for the 7 Homewood Mountain Resort Ski Area Master Plan Project ("project") County approvals 8 challenged in this action; 9

WHEREAS, on April 17, 2012, the Court issued a Status (Pretrial Scheduling) Order, which included a Motion Hearing Schedule setting deadlines for TRPA to lodge its administrative record for the project, motions regarding the administrative record, and cross-motions for summary judgment. The Court also set a November 14, 2012 hearing on cross-motions for summary judgment. Doc. No. 26 ["Status (Pretrial Scheduling) Order"];

WHEREAS, on May 15, 2012, TRPA lodged its administrative record consisting of materials that it had compiled, as well as the County's administrative record, which it incorporated by reference;

WHEREAS, Plaintiffs objected to TRPA's incorporation by reference of the County's administrative record, and on June 5, 2012, filed a motion entitled "Motion to Exclude Extra-Record Evidence from Tahoe Regional Planning Agency's Administrative Record" (Doc. No. 28 ["Motion to Exclude"]) requesting that the Court order TRPA to specifically identify which documents in the County's record were actually a part of the record that was before TRPA when it approved the project;

WHEREAS, on June 25, 2012, Plaintiffs filed an ex parte application requesting the Court to extend the deadline for Plaintiffs' Motion for Summary Judgment until 30 days after resolution of the Motion to Exclude, i.e., 30 days after Plaintiffs' receipt of TRPA's revised record or index (Doc. No. 29 ["Application"]);

WHEREAS, on June 27, 2012, TRPA, the County, and Homewood filed oppositions to 2 Plaintiffs' Application; Doc. Nos. 30, 32, and 33; 3

WHEREAS, on June 29, 2012, the Court issued an order granting Plaintiffs' Application 4 and stating that the Court would determine the deadline for Plaintiffs' motion for summary 5 judgment after it ruled on Plaintiffs' Motion to Exclude. Doc. No. 35 ["Application Order"]; 6

WHEREAS, on June 29, 2012, without conceding whether its incorporation by reference of 7 the County's administrative record was proper, TRPA provided Plaintiffs with a supplemental 8 index listing the documents in the County's Administrative Record that were not considered by 9

TRPA in approving the project and need not be incorporated into TRPA's administrative record, as requested in Plaintiffs' Motion to Exclude;

WHEREAS, the parties met and conferred regarding the TRPA's supplemental index and the parties agree that the TRPA portion of the administrative record and the remaining documents in the County's administrative record (excluding the documents from the County's administrative record identified in TRPA's supplemental index) constitute TRPA's administrative record;

WHEREAS, the parties agree the issues raised in Plaintiffs' Motion to Exclude have been resolved;

WHEREAS, the July 30 hearing on the Motion to Exclude is no longer needed, except to obtain a new briefing schedule, as Plaintiffs no ...


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