Glenbrook Homeowners Ass'n v. Tahoe Regional Planning Agency

I. Background

These appeals arise from a dispute over a proposed pier project in Glenbrook, Nevada, which borders Lake Tahoe. The Lawrence W. Ruvo Trust (“Ruvo”), Harvey Whittemore (“Whittemore”), Edward Fein (“Fein”), and others (collectively “Ruvo/Fein”) sought to build a pier on Fein’s property on the shore of Lake Tahoe. The Glenbrook Preservation Association (“GPA”), Glenbrook Homeowners’ Association (“GHOA”), Huntington Glen-brook Trust, Claudia Huntington, and Claire Huntington (“Huntington Parties”) (collectively “Glenbrook Parties”) opposed the project.

Ruvo/Fein sought approval of the pier from the Tahoe Regional Planning Agency (“TRPA”), a bi-state agency charged with preservation of the Lake Tahoe region under the Tahoe Regional Compact (“Compact”). After public hearings, the TRPA approved the pier project subject to certain conditions, including conditions allowing construction of the pier only if an appropriate court determines that: (1) the pier “will not unreasonably interfere with any recreational/access rights GHOA holds in the project area” (“Condition N”); and (2) “as of the date [of the TRPA’s final approval of the project] the owners of the Fein parcels ...…