Construction will be allowed to continue on the Sunrise Landing housing project at Colusa Industrial Properties pending the outcome of a lawsuit filed by the Colusa County Board of Supervisors against the Colusa City Council.
Colusa County Superior Court Judge Jeffrey A. Thompson on Tuesday denied the request by Colusa County for a temporary restraining order to halt the project until it is determined by the court if further environmental review is needed.
Attorney Scott McLeran, with Prentice-Long Law Group, who represents Colusa County, argued the county was not trying to block the development of homes but that the city made significant changes to the project beyond the scope of what was reviewed during the California Environmental Quality Act process.
According to Colusa County, who filed the lawsuit on Jan. 25, the Colusa City Council approved the project without formally notifying the Airport Land Use Commission of changes in the project’s scope, which they claim are incompatible with the airport, places the safety of the public at risk, and puts the airport’s future in jeopardy.
Colusa County also claimed that the City Council, in approving the project, never mitigated the County’s concerns regarding the project’s impact on schools, traffic, and law enforcement.
McLeran said allowing construction to continue pending the outcome of the lawsuit would result in additional harm.
“It’s not just a situation that can be reversed,” McLeran said.
Daniel J. King, who represents Colusa Industrial Properties, argued the project was fully vetted by the City of Colusa, who had jurisdiction over the project – not Colusa County – after the property was annexed, and that a CEQA challenge by Colusa County is well past the statute of limitations.
Thompson said that while Colusa County has claimed that an increase in the project from its original 84 homes to 180 is a public safety risk, the County does not take into consideration the elimination of the multi-family units (condominiums) and congregate community facility.
“It is impossible to say if the net effect constitutes irreparable harm,” Thompson said.
Thompson also affirmed his denial for a restraining order because he felt the County’s case would not likely prevail because the County took no action on the project in the years since it was approved, and that the previous airport manager commented on certain aspects of the project at the time it was under review, negating the claim that Colusa County was not fully aware the scope of the project had changed.
After denying the motion for a restraining order, Thompson offered to hear the change of venue motion by the City Council on Tuesday, but the County of Colusa opposed pushing the hearing ahead.
Thompson will rule on a change of venue request to Sacramento County at 9 AM on March 8. ■