In 1989, Bernadine Suitum had planned to build a
retirement home on a plot of land near Lake Tahoe (HCN, 7/7/97).
But instead of breaking ground, Suitum found herself deep in a
ferocious legal battle with the Tahoe Regional Planning Agency, the
bistate office charged with overseeing development around the lake.
Now, a decade later, the agency has agreed to pay Suitum $600,000
for blocking her plans to build an A-frame home on her 18,300
square-foot piece of property.
“On balance, it
was in the agency’s interest to settle the case,” says John O.
Marshall, general counsel for the agency. “This wasn’t the case we
wanted to fight all the way to the Supreme Court.”
The planning agency denied her a building permit
because her lot was in an area that acted as a natural filter for
erosion, protecting the lake’s renowned clarity. The agency told
Suitum she had to leave her lot vacant, but said she could sell her
development rights to other people who wanted to build bigger
houses than regulations allow. Suitum sued instead. Her argument
was simple: the agency’s denial of her building permit was a
taking, and she deserved compensation.
Suitum
lost in court and again on appeal. In 1997, however, the U.S.
Supreme Court said the lower courts were wrong and ordered them to
take another look.
Suitum, now 84, lives in
Sacramento and is legally blind. Her lawyer, Pat Cashill, says the
settlement leaves the agency with only two options. Says Cashill,
“Either let people build or buy their land.”
*Tim Westby
This article appeared in the print edition of the magazine with the headline Settlement reached in Tahoe takings case.
Republish our articles for free, online or in print, under a Creative Commons license.
