League To Save Lake Tahoe v. Crystal Enterprises

685 F.2d 1142 LEAGUE TO SAVE LAKE TAHOE, a non-profit corporation, and James L. Porter, Jr., Plaintiffs-Appellees, v. CRYSTAL ENTERPRISES, a partnership, and County of Washoe, a political subdivision of the State of Nevada, Defendants-Appellants. No. 80-4377. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1982. Decided Aug. 31, 1982. Frank Cassas, Hill, Cassas, DeLipkau & Erwin, Reno, Nev., for defendants-appellants. Laurens H. Silver, San Francisco, Cal., argued, for plaintiffs-appellees; Oliver C. Custer, Reno, Nev., on brief. Appeal from the United States District Court for the District of Nevada. Before FLETCHER, POOLE and CANBY, Circuit Judges. FLETCHER, Circuit Judge. 1 This suit concerns the construction of a parking garage/hotel tower at the Crystal Bay Club on Lake Tahoe. The plaintiffs contend that construction ceased on this project for periods of time sufficient to make the defendants subject to the requirements of the Tahoe Regional Planning Agency's Land Use Ordinance. The defendant, Crystal Enterprises, claims that it is exempt from the requirements of the ordinance under a grandfather clause, and alternatively argues that it has a…