Tejon Mountain Village Legal Challenge Thrown Out

by Brian Bierman

Kern County Superior Court Judge Kenneth Twisselman today (Nov. 5, 2010) ruled in favor of Kern County, Tejon Ranch Company, and its development partner DMB Associates, Inc. when he found that the County had properly analyzed and evaluated the environmental effects of Tejon Mountain Village.  The Kern County Board of Supervisors unanimously approved the mountain resort community in October 2009. In his ruling, Judge Twisselman rejected claims made by the Arizona-based Center for Biological Diversity (CBD) and a small group of local environmental groups, including the Tri-County Watchdogs (TCW), that the environmental impact report for Tejon Mountain Village was inadequate.

"We are elated that the judge struck down this baseless challenge," said Tejon Mountain Village spokesman David Crowder. "This ruling is a testament to the quality of the plan and the many years of planning, community input, environmental and public review that it was subject to."

"Tejon Mountain Village is going to be quite an asset for Kern County," said Robert A. Stine, President and CEO of Tejon Ranch Co. "It sets a new standard for environmental sensitivity, sustainability, good planning, and soon, good living. We're pleased the judge’s ruling gives us the green light to move forward with our plans."

"We are very proud of the hard work and planning that has gone into Tejon Mountain Village which is destined to become a remarkable mountain resort community and an essential part of the conservation of the vast majority of Tejon Ranch," said Eneas Kane, President and CEO of DMB Associates, Inc. "The decision today is yet another step in achieving our vision for Tejon Mountain Village and proof that the development community and environmental community can work together successfully," he said referring to the historic Tejon Ranch Conservation and Land Use Agreement.

Tejon Mountain Village is part of the historic Tejon Ranch Conservation and Land Use Agreement, executed by Tejon Ranch Company, Natural Resources Defense Council, the Sierra Club, the Planning and Conservation League, the Endangered Habitats League and Audubon California, in which the Ranch agreed to conserve up to 90% of its land and establish the Tejon Ranch Conservancy. The sales of most types of property within Tejon Mountain Village will generate an on-going funding stream for the operation and activities of the independent Tejon Ranch Conservancy.

The Mountain Daily News was told by TCW president, Linda MacKay, during an interview in March of this year that TCW felt Castac Lake, technically not part of the project, should have been included in the environmental impact report.  The lake would be part of the view of some TMV homes; adding to their appeal and value.  It is a concern to the TCW because Tejon Ranch is maintaining the lake level using ground water and the TCW think they may be taking too much.

When MacKay was asked how she knows the lake would be a detriment to the Mountain Community water supply she replied: "We have our experts."  But she wouldn't name them when asked who they were.

The Center for Biological Diversity was concerned about Condors, among other things.  But they were only one large environmental group among six that wouldn't negotiate with Tejon Ranch.  They charged that the planned use of feeding stations to sustain the endangered condor was not in the condors best interest.

Adam Keats, a lawyer for the CBD, criticized Tejon and the U.S. Fish and Wildlife Service for the planned use of feeding stations to help condor recovery on the ranch.  He told the Kern Planning Commission last year that no credible scientist believes in feeding stations anymore.  In an interview last year, however, he admitted that feeding stations were a "necessary evil" for condor recovery; contradicting his claim.

5 related stories below



2 Responses
hskybrwn
11/07/2010
6:41 AM
Thank goodness - and maybe the one sane decision made in Califonia in recent weeks.
jackt
11/08/2010
9:57 AM
I am not too knowledgeable regarding law. Maybe somebody could explain the process please. Currently the BioD folks said they will appeal. So this is all happening at the county level. If they lose the appeal will the matter be taken up at the state level? What can happen at the federal level? Can this matter may go all the way up to the supreme court. If the BioD folks stop can the matter be taken up or restarted by another environmental group? What is to stop an endless string of lawsuits from impeding this development?
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