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Luciana backers to sue county
Say supervisors plotted to nix Pope Valley golf course
Tuesday, September 01, 2009
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Lake Luciana developers are taking steps to sue Napa County over the decision to reject the 18-hole golf course proposed in Pope Valley.

Robert Radovan, the Upvalley developer behind Aetna Springs and Calistoga Ranch, filed a complaint against the county on Friday, alleging the Napa County Board of Supervisors illegally rejected his proposal for a championship golf course in Pope Valley.
The claim lays the groundwork for a lawsuit against the county, according to attorneys for the developers.

“We will be filing in the near future,” said Michael Durkee, the Walnut Creek Lawyer representing Lake Luciana, “probably within the next couple of weeks.”
Napa County Counsel Robert Westmeyer said he was contacted Monday by lawyers for Lake Luciana asking if he would accept service of the lawsuit that afternoon. The move, he said, implies that the lawsuit is more imminent than Durkee suggests.

“I imagine … it will be filed either today or tomorrow,” Westmeyer said. “It’s extremely unlikely that they’re going to be able to allege anything that I believe I can’t defend.”
The debate centers on the 18-hole championship golf course proposed for Pope Valley by Radovan and his partner, William Criswell. The plan — featuring an 18-hole championship golf course, three swimming pools, a lakeside clubhouse and 17 neighboring luxury homes — was rejected by the Napa County Planning Commission in February in a 3-2 vote. Developers appealed the decision to the board of supervisors. The board rejected the proposal in June; with supervisors Diane Dillon, Brad Wagenknecht and Keith Caldwell voting against it.

Following the vote, Durkee delivered a scathing letter to the county alleging bias and violation of procedure. That letter makes up much of the claim filed against the county on Friday.

Durkee alleges that Dillon and Wagenknecht had an inherent bias against Lake Luciana because of their affiliation with the Sierra Club, the organization that formally represented project opponents in the Lake Luciana appeal. He claims that Dillon and Wagenknecht should have disclosed their positions on a Sierra Club legislative committee and recused themselves from the vote.

Both Dillon and Wagenknecht claim that they had only minimal involvement with the Sierra Club. They deny that their affiliation with the club swayed their votes on Lake Luciana.

“I have an impossible time with what they’re accusing me of,” Wageknecht said. “I’ve been on legislative committees … It’s part of the input that I seek before I vote on anything. I try to seek a wide variety of input from the community. It does not affect the outcome of my vote.”

In a separate claim sent to the board on Aug. 20, Durkee said that the board violated the Brown Act by meeting to discuss Lake Luciana out of the public eye.

While the Brown Act is meant to ensure that elected officials do not do the public’s business behind closed doors, Durkee alleges that “certain board members conducted serial meetings in order to develop a collective concurrence” on Lake Luciana.

The letter offers no specifics about the alleged violation, but Durkee on Monday named supervisors Dillon, Caldwell and Wagenknecht as the targets of the accusation.

Dillon said the accusation is “frivolous,” and claims that the lawsuit is a red herring to distract from developers’ unhappiness with the outcome of the vote.

Caldwell maintains that if developers truly believe in their proposal, they should “challenge the county based on the merits of ‘does it or does it not conform with the General Plan,’ not … (make) false accusations.”

Radovan did not return calls for comment.
13 comment(s)

homesoon wrote on Sep 1, 2009 6:09 AM:

" Luciana is anti agriculture, and anti Napa General Plan. And to boot that area of Pope Valley is stresed for water due to its geographic location in a rain shadow. Its impacts does not work/ mitigate well with its location. It would be poor judgement to allow such new developments. Pope Valley should be treated with care and reason. Not fear and greed. "

napaimplant wrote on Sep 1, 2009 9:32 AM:

" I hope that Radovan and his team get there way. Not only do I feel this project was for the good, but the county can be allowed to drag people along and make them spend money on request that are just going to be voted down after they have told them to do so. Napa county needs to get up to date and stop voting down everything that doesn't have to do with "grapes."
Hate to break it to you people, but grapes aren't the only business in the world.

And lets not forget to vote against Dillon and Wagenknecht at the next available opportunity. "

native74 wrote on Sep 1, 2009 9:52 AM:

" There goes the theory that they didn't intentionally go after Jim King...

I may not always agree with Dillon and Wagenknecht, but they do listen to the people and from my personal experiences with W, I have to laugh at the attacks. Cheap shots from big developers. "

jmo wrote on Sep 1, 2009 10:06 AM:

" I drove up there in the past two weeks to check out this controversial issue and in my option this is an ill conceived project, very inappropriate project for the area.
I suggest that the developers concentrate on the Aetna Spring property first...what an eye sore!!!!

Jim King got this one RIGHT!!!! "

vocal-de-local wrote on Sep 1, 2009 10:18 AM:

" The developers should be required to pay legal fees when they lose. And this gives me an even stronger conviction that Dillon, Wagenknecht, and Caldwell are all good choices for supervisors. "

napaimplant wrote on Sep 1, 2009 10:26 AM:

" jmo...

you have no idea what you are yalking about. jim King wanted to work for the developers and help them. So get your story straight and then leave comments. "

suze wrote on Sep 1, 2009 12:24 PM:

" Three swimming pools, an 18 hole golf course, club houses and 17 luxury homes!
Did the climate suddenly change?

I support the vote from the county on this project for the same reasons; unsuitable use for agricultural land, and water shortages. This amount of demand would threaten any aquifer. "

firststreetmayor wrote on Sep 1, 2009 1:18 PM:

" Oh BOY , We need a 9 month $45,000.00 study on this one, see the city managers office, they have plenty of money to spend on bogus reviews. "

dontbugme wrote on Sep 1, 2009 2:18 PM:

" Hold on,people ! Scratch your wooden heads for a moment ! Do we,really,want or need more of the kind that steals our tranquility and peace of mind ? Is it worth having more and more traffic from "out of towners" and the loss of more free land for the project ? I'd say "put it off til the cows come home" ! We're losing the Valley to developers schemes and asphalt as it is. Can't you see that ? "

jmo wrote on Sep 1, 2009 3:28 PM:

" Sorry napaimplant but Jim King supported the original Aetna Spring deal not this one. Yalk you very much!!!!-:) "

jmo wrote on Sep 1, 2009 3:45 PM:

" It would be nice if the NVR would do some investigative work to determine "WHO" the real money is behind this ill conceived venture. Rumor, yes rumor, has it that a big name wine person has invested heavily in Lake Luciana. Could it be that the investors won't take no for an answer (too costly). "

moegunst wrote on Sep 1, 2009 9:38 PM:

" Those developers are brilliant. Anyone who votes against them gets fired or sued. What a smart strategy. Pretty soon we won't have any Planning Commissioners or Supervisors left! but what the hey, law suits means jobs. I bet that fancy law firm from Walnut Creek will hire all the paralegals in Pope Valley. What a boost to the local economy. If any Supervisors or Planning Commissioners left when the law suit is over they should give the developers a special award for helping us out of the recession. "

wb5218 wrote on Sep 2, 2009 9:35 AM:

" I believe that
wagenknecht and dillon
did act in a manner that showed there allegiance to the sierra club position that was in line with the political committee.

Through meetings and conversations with dillon, wagenknecht, as well as with caldwell answered questions verbatim from the sierra club statements against the golf course.

ms. dillon, in her reasoning against the golf course, stated that since the land use of recreation as a golf course could exist in the Urban Boundary, then it should only exist in the Urbanized area and not be allowed in the Rural regions.

When rebutted by Mr. Luce and his comment regarding trails (hiking, biking, equestrian and otherwise) existence in both the Urban and Rural parts of the County she had no answer than, I stand by my decision.

Mr. Luce has an excellent point. Would anyone disagree?

wagenknecht and dillon and their record and adherence to the sierra club platform seem to be exposed. "

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