The ongoing conflict between a Penn Valley property owner and the Board of Supervisors about construction of a structure on a visible ridgeline is still in limbo. Peter Lockyer and Juliette Erickson are the property owners wishing to build a two story structure on their property which has recently been catagorized as a Visibly important ridgeline. The county says the structure cannot be built because it will impact the view of the ridgeline. Lockyer and Erickson want a judge to decide whether the county is correct.
On Friday Judge Sean Dowling heard arguments for and against a tentative ruling denying Locker and Erickson’s motion to overrule the county. At the end of arguments Dowling elected to take arguments into consideration and would deliver the final ruling before the end of the year.
Juliette Erickson was in court to listen to arguments and is frustrated, but understanding of Judge Dowling’s process.*
Click here to listen to Juliet Erickson
Special Appointed Counsel for the County Michael Colantuono is hopeful the tentative ruling stands.
Colantuono would like the tentative ruling to stand, but also understands Dowlings process.
Attorney for Lockyer and Erickson, Alan Haley, hopes the Judge will reverse the ruling based upon the true visual impact of the project. He argues that visible NID water tanks and a mono-pine cell tower- which are exempt from the ruling- have a greater negative impact. According to Haley, the proposed structure is sufficiently screened from view.
Judge Dowling will make his final ruling sometime the last week of December.Even after that ruling is made there are several other legal issues to be addressed before the issue is settled or moves onto an appellate court.