The Tahoe Sierra Preservation Council, Inc. v. The Tahoe Regional Planning Agency, (Two Cases)

The Tahoe Sierra Preservation Council, Inc. (TSPC) appeals two judgments of the district court, consolidated on this appeal, in favor of The Tahoe Regional Planning Agency (TRPA) and the states of California and Nevada. The cases focus on regulations adopted by the TRPA in its efforts to protect the environment of the Lake Tahoe Basin. The principal issue presented is the effect of a special statute of limitations pleaded in bar of TSPC’s actions. We affirm in part, reverse in part and remand for trial.

PROCEEDINGS

The earlier history of this litigation is set out in TSPC v. TRPA, 911 F.2d 1331 (9th Cir.1990), cert. denied, 499 U.S. 943 , 111 S.Ct. 1404 , 113 L.Ed.2d 459 (1991), (TSPC 1) involving property owners on the Nevada side of the Lake Tahoe Basin and in TSPC v. TRPA, 938 F.2d 153 (9th Cir.1991) (TSPC 2) involving property owners on the California side. In each instance we partially affirmed and partially reversed orders of the district court and remanded. After remand, TSPC filed an amended complaint in each case. TRPA moved to dismiss on the ground that the actions were time-barred.

The basis for TRPA’s motions was Article VI(j)(4) of the Compact Between the States of…