Due to an unexpected medical issue, the hearing to decide the proposed reopening of a bed and breakfast in Nevada City has been postponed. At a special meeting of the Nevada City City Council to hear the appeal to reopen the Kendall House, new City Manager Mark Prestwich was announced that City Attorney Hal DeGraw was unavailable due to a medical condition.
The absence of McGraw raised concerns with some council members that were uncomfortable proceeding with the hearing without McGraw since he was instrumental in developing the city’s legal opinion regarding the reopening of the Bed and Breakfast. Council member Robert Bergman was requesting the hearing be postponed so it would take place at one time.
Council member Jennifer Ray was in favor of moving forward with the hearing in order to accommodate the attorney for the Friends of Nevada City who had come up from San Francisco to present their case, but not make a decision until a later date.
To complicate matters, Evans Phelps replaces Sally Harris on the City Council. Harris recused herself from the hearing because of a conflict of interest.
After a split decision on a motion to move forward, the council approved a motion to postpone the hearing until after the July 9th meeting. At the July 9th meeting a date will be chosen for the hearing so that both sides can present their case to the council with the city attorney present.