Tribe’s suit to block Schulz Ranch project dismissed
September 28, 2005
The Washoe Tribe’s lawsuit to prevent Carson City from approving the Schulz Ranch housing development has been dismissed by Carson District Judge Bill Maddox.
Maddox ruled the tribe’s legal petition premature since the city hasn’t yet finished the planning and approval process for the project. He said that means the Washoe tribe still has “a plain, speedy and adequate remedy at law by opposing these changes once the subdivision map with accompanying studies are presented to the planning commission and board of supervisors for final approval.”
The order also states that the tribe’s petition fails to include any portion of the record of city actions which spells out what happened.
“While Carson City may be the custodian and keeper of the record, as petitioner in this Writ for Mandate, the Washoe Tribe is obligated under the Nevada Rules of Appellate Procedure to provide a copy or at least portions of the record which are essential to an understanding of the matters set forth in their petition,” the order states.
The city pointed out in its motion to dismiss that the tribe was notified of all meetings on the proposed 520-home development but failed to voice any concerns at a neighborhood meeting on preliminary plans for the project.
Only after the approval of the master plan change in May did the tribe indicate its opposition, filing a petition for a writ of mandamus with the district court.
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The attorney for the tribe who handled the case could not be reached for comment but Maddox’s dismissal order was without prejudice, which means they can refile the case after the city makes a decision on the project.
Developers plan a 521-home development on more than 100 acres – including Champion Speedway – along Carson City’s southern border with Douglas County between the tribe’s Stewart property and the Northern Nevada Correctional Center. It would be built in five phases over the next few years.
The planning commission meets Tuesday to review maps and final plans for the project.
n Contact reporter Geoff Dornan at email@example.com or 687-8750.
Schultz Ranch Development
WHAT: Carson City Planning Commission special meeting
WHEN: 5:30 p.m. Tuesday
WHERE: Plaza Hotel Conference Center, 211 E. Ninth St.
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