A Nevada City couple wanting to re-open a Bed-and-Breakfast on Spring Street that has been closed for years will be allowed to do so after all. The city Planning Commission had denied the request by Mollie Poe and Declan Hickie to re-open what was once known as Kendall House, but the City Council has overturned the decision on a 3-2 vote. The controversy was over Measure G, passed by Nevada City voters in 1994, which prohibited the establishment of new B-and-Bs. Attorney Tamara Gallanter, arguing on behalf of a group called ‘Friends of Nevada City’, told the Council that after a business is not operated for one year, it is considered abandoned…

Listen to Tamara Gallanter

But Poe’s attorney Allan Haley says that was never written into the municipal code, creating what some are calling a loophole…

Listen to Allan Haley

Council members Robert Bergman, Evans Phelps, and Duane Strawser voted in favor of the B-and-B, perhaps fearing litigation. Mayor Terri Anderson and Vice-Mayor Jennifer Ray voted against. The decision will not become official, however, until approved again at a later City Council meeting.